AIR 1942 MADRAS 56

Madras High Court

Hon'ble Judge(s): Wadsworth, Patanjali Sastri , JJ

Madras Agriculturists Relief Act (4 of 1938) , S.15, S.3(4)— Scope of S.15 - Agraharam in Kalahasti ramindari - Zamindar must be regarded as 'landholder' of agraharam - Fact of proprietor of agraharam also being regarded as landholder by virtue of amending Act 18 of 1936 does not affect zamindar's position as landholder of agraharam - Jodi payble by proprietor of agraharam to zamindar comes within purview of S.15. The scope of the relief intended to be afforded by S. 15 must be determined with reference to the wider definition of rent contained in S. 3(4) and not to the definition in the Madras Estates Land Act. The operation of S. 15 is not confined to cases arising between landlord and tenant under the Madras Estates Land Act.(Para 58d,e) In the case of an agraharam in Kalahasti zamindari Continuing as before the permanent settlement to be held on an under tenure under the zamindar, the zamindar must be regarded as the owner, and therefore the 'landholder' of the village. The fact that by virtue of the amended Act 18 of 1936, the proprietor of the agraharam has also to be regarded as a 'landholder' does not affect the position of the zamindar as a landholder in respect of that village. The definition of a landholder clearly contemplates a plurality of landholders. The relation between the zamindar and the proprietor of the ag....