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1945 Supreme(Mad) 88

CHANDRASEKHARA.AIYAR
Dronamraju Seshagiri Rao – Appellant
Versus
Godithi Rammayya – Respondent


JUDGMENT

Chandrasekhara Aiyar, J.

1. These two civil miscellaneous appeals and eight civil revision petitions are connected. I shall deal with the revision petitions first as all of them raise the same point.

2. The mokhasadars of Chilakapadu and Muppavaram filed suits in the District Munsiff s Court of Tanuku against their tenants for the recovery of rent and for ejectment. The tenants pleaded that they had occupancy rights in the lands as they form part of an "estate " within the meaning of the Estates Land Act and that the Civil Courts had no jurisdiction. This plea was upheld by the District MunsifF who directed the plaints to be returned for presentation to the proper Court. On appeals preferred by the mokhasadars, the Subordinate Judge of Ellore, reached the same conclusion and confirmed the decrees of the District Munsiff. These revision petitions are from the decision of the Subordinate Judge and raise the question whether the lands form part of an estate in which the defendants have occupancy rights. It was contended for the petitioners that the lands were not part of an estate for two reasons : firstly, because Clause (d) of Section 3(2) of the Estates Land Act will not appl








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