AIR 1915 MADRAS 781(2)

Madras High Court

Hon'ble Judge(s): Sadasiva Aiyar, Tyabji , JJ

(A) Madras Estates Land Act (1 of 1908) , S.3, S.8, S.77, S.189— Suit for ejectment from waste land let for grazing and for mesne profits is congnizable by civil Court. A suit for the ejectment of tenants of old waste lands (not being raiyati fands) let for pasturing cattle and not for agriculture, and for the recovery of arrears of pasturage rent and mesne profits thereof, is not cognizable by a Collector but only by a civil Court. (B) Madras Estates Land Act (1 of 1908) , S.3(15), S.3(16)— (Per Sadasiva Aiyar, J.)- Meaning of "cultivable lands" in Cl. 16 is land permanently cultivated - Pasturage is not raiyati land-Tenant of old waste is not raiyat within Cl. 9 (15)-Agriculture does not include pasturage. Per Sadasiva Aiyar, J.The words “cultivable lands” in S. 3, C1. 16, Estates Land Act, mean land permanently cultivable for all practical purposes and not land which might be occasionally cultivated. Land fit usually only for pasturing cattle and not for ploughing and raising agricultural crops is not raiyati land. A tenant of old waste which is not a raiyati land is not a raiyat within the meaning of the definition of raiyat in S. 3, Cl. 15 of the Act. A tenant, who does not hold land for purposes of agricultu....