John Edward Power Wallis, C.J.

1. This case raises a question of considerable importance as to what constitutes private land under the Madras Estates Land Act, 1908. The Subordinate Judge has decided the question very largely with reference to speeches made while the Bill was passing through the Council, in which private lands were said to represent lands which were granted free of assessment by the Mahomedan Government to the Zamindars as part of their remuneration for their services. However this may be, what the Court has to see is whether the land in question comes within the definition in Section 3(10) of the Act, where private land is said to mean "the domain or home farm land of a landholder by whatever designation known such as Kambattam Khas Seri, or Pannai."

2. Here it may be well to note that the word domain in this connection is explained by Webster citing Shantore as meaning " the land about the mansion home of a Lord and in his immediate occupancy". Section 185 prescribed certain rules evidence as to whether any land is a private land or not, and provides that land shall be deemed not to be private land until the contrary is shown. That it is the intention of th