1. The defendants are the appellants. They were the tenants of the plaintiff who is the Zamindar of the Egathoor Zamin. The plaintiff purchased not only the Zamindari from the former Zamindar but he also purchased the kudivaram right in the plaint ryoti lands which the former Zamindar had purchased in rent auction sale of 1900. The plaintiff brought the suit out of which this second appeal has arisen as the purchaser of the kudivaram right from the rent auction purchaser for ejecting the defendants.

2. This suit was brought in the District Munsifs Court of Tiruvellore about the end of 1906 before the Estates Land Act came into force. The suit was first dismissed by the District Munsif and by the District Judge on appeal. The High Court on second appeal held that the decision of the lower Courts against the plaintiff on the fifth issue was wrong and set aside the decree of the lower Courts and remanded the suit for disposal on its merits. The judgment of the High Court is dated 22nd August 1911 after the Estates Land Act came into force. When the case went back to the District Munsif, the defendants raised a fresh contention, namely that the Madras Act I of 1908 has conferred