- (1.) These appeals are brought against the judgment and decree in A. S. Nos. 223 and 224 of 1951, 264 to 273 of 1952, 275 of 1952 and 277 to 279 of 1952 of the Madras High Court dated January 10. 1956 affirming the judgment and decree in O. S. Nos. 75, 77 to 81 of 1948 and 19 to 22, 24 to 26, 28 and 30 to 31 of 1950 of the Subordinate Judge, Tanjore.
(2.) The appellant instituted the above-mentioned suits for recovery of possession from the respective defendants of the disputed lands and for payment of damages at the rate of Rs. 50/- per annum per acre. The case of the appellant was that the disputed lands which were purchased by him by a sale deed dated November 11, 1948 (Ex. A-145) are situated in Orathur Padugai which is attached to Pannimangalam, one of the villages comprised in what is known as the "Tanjore Palace Estate", that the said lands are not situated in an estate as defined by the Madras Estates Land Act 1 of 1908 (hereinafter referred to as the 'Act'), and in any event the said lands are private lands' of the appellant and not 'ryoti lands' as defined in the Act and the various defendants are trespassers in unlawful occupation of the lands and had no right to continue in possession and were therefore liable to ejectment. The appellant also claimed that the defendants were liable to pay damages at the rate of Rs. 50/- per annum per acre in respect of the lands in their unlawful occupation. The defence in all the suits was substantially the same. It was contended by the defendants that the disputed lands are situated in an estate within the meaning of S. 3 (2) (d) of the Act, that the lands are 'ryoti lands' in which they have permanent right of occupancy and that they are not "private lands" as alleged by the appellant and the civil court had therefore no jurisdiction to entertain the suits and the Revenue Courts alone had jurisdiction. By his two judgments dated October 31, 1950 and February 2, 1951, the Subordinate Judge, Tanjore dismissed the suits, holding that the lands were situated in an estate and were 'ryoti lands' in which the defendants were entitled to occupancy rights. The appellant took the matter in appeal to the Madras High Court which affirmed the decision of the trial court and dismissed all the appeals.
(3.) The two principal questions which are presented for determination in these appeals are : (1) whether the suit-lands are located in an estate within the meaning of S. 3 (2) (d) of the Act, and (2) if the answer to the first question is in the affirmative, whether the suit-lands are 'private lands' or 'ryoti lands' as defined in the Act.;