King, J.

1. The appellant is the owner of about 15 acres of land in the village of Paidemukkala Agraharam Chellapalli taluk of the Kistna District. He sued the respondents for arrears of rent. originally in the Court of the Deputy Collector of the Nuzvid Division. When that suit was filed, the respondents took the objection that, upon the allegations in the plaint, the appellant had not established that the property formed part of an estate and therefore that no suit lay in the Court of the Deputy Collector. The Deputy Collector accepted this contention and passed an order returning the plaint for presentation to the proper Court. The appellant accordingly filed his plaint in the Court of the District Munsif of Gudivada who gave him a decree for the greater portion of the amount claimed. There was then an appeal by the defendants to the learned Subordinate Judge of Masulipatam who held that the Civil Court had no jurisdiction to entertain the suit, on the ground that the appellant had not made out that the land on which the rent was due was not a portion of an estate. Against this decision of the learned Subordinate Judge the present appeal has been filed.

2. The first point