RAJAMANNAR, C. J. :- This is an appeal against the judgment and decree of Ramaswami Gounder, J., dismissing the appellants suit on the Original Side of this Court, C. S. No. 148 of 1950, against the Corporation of Madras, the respondent before us. The suit was for the recovery of Rs. 10,845-8-0 or such other sum as may be found due as arrears of "melwaram" in respect of lands described in schedules A, B and C to the plaint.

2. The plaintiff is the present Zamindarani of the Zamin village of Mambalam. The material allegations in the plaint were that she and her predecessors were entitled to collect and were collecting melwaram from the various kudivaramdars occupying the lands comprised in the Zamindari, that the melwaram varied according to the nature of the land, that is, according to the use to which the land had been put, that in the case of agricultural lands the melwaram collected from the kudiwaramdars was four annas per ground per fasli and in the case of building sites one rupee per ground per fasli (paragraph 3).

The plaintiff stated that the lands described in the schedules were in the occupation of kudiwaramdars who were paying the melwaram to the Zamindar for the