Miller, J.

1. Mr. C.V. Ananthakrishna Aiyar Vakil for the first respondent does not support the view of the case taken by the District Judge but argues that the land in question is not a part of an estate within the meaning of the Madras Estates Land Act, and contends also conceding that the position of the 2nd defendant is that of a ryot of old waste, that by virtue of the proviso to Section 153 of the Madras Estates Land Act the jurisdiction of the Civil Courts is nevertheless not ousted. Mr. L.A. Govinda Raghava Aiyar, Vakil for the appellants accepting as the position of his clients that of a non-occupancy ryot, being a ryot of old waste, argues on the strength of Atchaparaju v. Krishnayackendralu (1913) 24 M.L.J. 402 that Section 157 nullifies the effect of the proviso to Section 153 which otherwise would, he concedes, be applicable to the facts of the case and so would save the jurisdiction of the Civil Court. The District Judge has not decided the question whether the land is or is not part of an Estate and the District Munsif has decided that it is part of an Estate. I am of opinion that on the facts found and not now contested, that the 2nd defendant has no occupanc