The main legal point established in the judgment is that a certain land is either ryoti or tank-bed and cannot possess both characters simultaneously, as defined by the Madras Estates Land Act.

Venkatasubba Rao, J.

1. These cases raise the question as to the meaning of the expression "tank-beds" in Section 3(16)(a) of the Madras Estates Land Act. The plaintiff, the Zamindar of Ramnad, alleges that the lands in question are in the bed of the tank (known as the Abhiramam tank) and that they are therefore outside the category of "ryoti land" as defined by the Act. Several suits were tried as a batch, and the learned District Munsif upheld the plaintiffs contention only in two of them. O.S. No. 836 of 1924 is one such and the District Munsifs decision was confirmed by the Subordinate Judge in appeal. Second Appeal No. 1066 of 1931 relates to the plot in O.S. No. 836 of 1924. From what I shall state presently, it will appear that the appellants have no case and their second appeal is accordingly dismissed with costs.

2. In regard to the other plots, the District Munsif has held that they are not in the tank-bed, and his decision has been reversed by the lower appellate Court. The several Civil Revision Petitions before us relate to those plots.

3. In 1870 a circular was issued in the zamindari, known as the Boylles Circular, fixing what are known as the "malnihidi" limits of the tank, and it is strongly contended by Mr. Rajah Aiyar for the ryots that the portion so marked off must alone be taken as constituting the bed of the tank. The lands, with which we are concerned in these Civil Revision Petitions, are outside the "malnihidi" or "mulamal" limits. The circular in question was issued with a view to prohibit cultivation within those limits, and conditions were laid down as to how the "malnihidi" limits were to be fixed. I may point out that in the judgments of the Lower Courts, the words "mulamal" and "malnihidi" are used indifferently to convey the same idea. According to the defendants, a tank-bed consists of four portions: (1) Vettuthavu, (2) Mulamal or malnihidi, (3) Kulamkorvai, and (4) Eramedu. These words are indecisive in regard to the point we have to decide and the division is arbitrary. "Vettu-thavu" merely means the deepest part and " mulamal" or "malnihidi" connotes no more than that the portion is within certain defined boundaries. By "Kulamkorvai" is meant that cultivation is carried on upon that part and "Eramedu" is high land. The contention for the defence is, that "Kulamkorvai " cannot be regarded as tank-bed. This argument amounts to nothing more than merely affirming that because cultivation is carried on in a particular portion, that cannot be regarded as tank-bed. The learned District Munsif observes:

If really the whole extent within the F. T. L. is tank-bed and not cultivable and is prohibited, there is no reason why the mulamal should be separately pointed out.

4. There is a fallacy underlying this statement. The higher portion of a tank-bed may be fit for cultivation in a manner the lower portion is not, and the Zamindar with a view to increase his income may well permit cultivation on the land on the higher level. The learned District Munsif himself says:

Paragraph 388 of Ellis Irrigation Manual lays down that the effective storage capacity of a tank is limited by the F.T.L. but the area submerged by the tank water spread is dependant upon the M.W.L., which is always higher than the F.T.L.

5. Then he goes on to point out that "malnihidi" limits are lower than the F. T. L., and the only ground for his conclusion is, that because cultivation is permitted in what is known as "kulamkorvai", therefore that part must be regarded as being outside the tank-bed. He does not go so far as to suggest that the "malnihidi" limits are conterminous with the bed of the tank. Between the "malnihidi" and the suit lands there is a portion where babool trees abound, and the District Munsif recognises that this part at any rate must be treated as being within the tank-bed and the reason he gives for this conclusion is, that had this been ryoti land, there would necessarily have-been cultivation in that region. I