Wadsworth, J.

1. This appeal arises out of an order returning a plaint for presentation in a Revenue Court. The land in respect of which this suit for rent arose is admittedly situated within a mukhasa village which according to the trial Courts judgment was admitted to be an estate falling under Clause 2(d) of Section 3 of the Madras Estates Land Act. It is common ground that the land in question was formerly the kambattam land of the plaintiffs and that it was demised to the defendant in 1920 under Ex. A which is described as a "permanent khat relating to the sale of kudivaram right for Rs. 33,492." This instrument recites that the lands demised form part of the plaintiffs private kambattam land in which they have a permanent kudivaram right as well as melwaram right and that the plaintiff have sold to the defendant all the rights possessed by them in the lands excepting the melvaram right thereto, the consideration being the payment of a substantial cash premium and future payments of rents at rates specified. The trial Court applied the provisions of the Amending Act "(XVIII of 1936) and held that the suit related to land which was ryoti land within the terms of the Act