Judgment

HIDAYATULLAH, J. : This is an appeal with special leave against a judgment in second appeal of the High Court of Andhra Pradesh, by which a suit filed by the appellant was ordered to be dismissed, thus reversing the judgments and decrees of the two Courts below.

2. The suit was simple, but as it went on from appeal to appeal, It has widened out. It was filed by the appellant for ejectment of the respondent from 4.80 acres of jeroyti land bearing R. S. No. 186/1-2 in Nedunuru Village and for mesne profits. The suit was based on a kadapa executed by the respondent agreeing to pay an annual rent of 58 bags of paddy and a sum of Rs. 38/- towards thirwa and cesses, the appellant undertaking to pay the jeroyti tax. The respondent agreed to vacate the land peacefully at the end of the year of tenancy. This kadapa is Ex. A-1 dated April 4, 1951. Similarly, yearly kadapas were executed in earlier years, and some of them executed between 1931 and 1948 were also produced in the case.

3. The respondent, however, raised many pleas. He denied that the land was jeroyti land, and alleged that it was part of a Dharmila inam land bearing R. S. No. 186/1-2, that the inam was granted to the appe