Sadasiva Aiyar, J.

1. Plaintiff is the appellant. He is an Inamdar of a village called Billapadu. the Inam grant having been made so long ago as 1748, That village was then a Mouje village, that is, a village in which there were peasant proprietors owning cultivable lands even then. The suit relates to 60 acres out of the 300 acres in that village. For the purposes of this case, it must be taken that these 60 acres were lying as immemorial waste at the time of the Inam grant to plaintiffs ancestors. It is further found by the Lower Appellate Court that these lands were afterwards given by the Inamdar for cultivation from time to time to different sets of tenants without occupancy right. Paragraph 7 of the plaint says " In Fasli 1317 the plaintiff changed the tenant who was in possession prior to that time and leased the schedule mentioned lands to the defendants for only a year. " Treating the one years tenancy as having expired on the 1st of April 1908 the suit was brought to eject the defendants in the District Munsifs Court of Gudivada.

2. The preliminary contention raised by the defendants was that as the plaintiffs inam was an estate falling under Section 3 Clause 2(d) o