R M A R A ADAIKAPPA CHETTIAR Vs. R CHANDRASEKHARA THEVAR

JUDGEMENT

(1.) These are consolidated appeals by special leave from two orders of the High Court of Madras, both dated 27 - 1 - 1912, the first setting aside in appeal an order of the Subordinate Judge of Ramnad at Madura dated 25 - 7 - 1938 and the second setting aside in revision an order of the same Subordinate Judge made on 9 - 2 - 1939.

(2.) The substantial question for decision in these appeals is whether the respondent is an agriculturist within the meaning of the Madras Agriculturists' Relief Act (4 [IV] of l938) hereinafter referred to as "the Act." But the appellant has argued as a preliminary point that, assuming the respondent to be an agriculturist within the meaning of the Act, the orders of the High Court which are under appeal were incompetent and that this appeal should succeed on that ground. It will be convenient to deal with this point first.

(3.) The facts relevant to the determination of this question are these :