(1.) The petitioner is the proprietor of the Udayarpalayam Zamindari. The respondents are the ryots of the village of Kaduvatankurichi which forms part of the Zamindari. They applied under Section 40 of the Madras Estates Land Act, 1908, to the Deputy Collector, Ariyalur, for an order commuting the rent payable to the petitioner to a definite money rent. The respondents have for many years paid rent in cash but the amount has varied according to the nature of the crops raised. The petitioner contended that the application did not lie as Section 40 only had in view cases where rents were paid partly in kind. The Deputy Collector held that the application did not come within the section and accordingly dismissed it. An appeal followed to the Collector, who disagreed with the Deputy Collector and reversed his decision. The petitioner has now applied to this Court to reinstate the order of the Deputy Collector under the powers of revision conferred upon it by Section 115 of the Civil P. C..
(2.) Section 40(1) of the Madras Estates Land Act reads as follows: Where for any land in his holding a ryot pays rent in kind or on the. estimated value of a portion of the crop, or at rates varying with the crop, whether in cash or in kind, or partly in one of these ways and partly in another, or partly in one or more of these ways and partly in cash, either the ryot or the land-holder may apply to the Collector to have the rent on the holding commuted to a definite money rent.
(3.) There are here five different categories, namely, (1) where a ryot pays rent in kind; (2) where he pays rent on the estimated value of a portion of the crop; (3) where he pays rent at rates varying with the crop, whether in cash or in kind; (4) where he pays rent partly in one of these ways and partly in another; and (5) where he pays partly in one or more of these ways and partly in cash. If the case falls within any of these categories the ryot may apply to the Collector for an order commuting the rent to a definite money rent.