Sadasiva Aiyar, J.

1. Section 23 of the Madras Estates Land Act says that a land " shall be presumed to be ryoti land other than old waste " until the contrary is proved. The important question in issue in this case is whether the plaint land is ryoti land coming under the definition of old waste or ryoti land not coming under the definition of " old waste ". For, if it was not " old waste". Section 6 gives the ryot in possession on the date of the passing of the Act an occupancy right in the land; and this suit by the landlord (appellant before us) in ejectment was rightly dismissed by the lower courts. Old waste is defined in Section 3 Claues 7. Clause 7 contains two sub-clauses Nos. 1 and 2. The plaint land admittedly does not come under Sub-clause (1). As regards Sub-clause (2) there are two parts in it. The land in question does not come under the description of the land in the second part, that is, land in respect of which an ejectment decree against the ryot has been obtained before the coming into force of the Act. As regards the first part of Sub-clause (2), it refers to a land which has remained without occupancy rights , being held therein at any time within a per