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Issues Involved:
1. Whether the suit lands are the private (kamatam) lands of the Zamindar or ryoti lands. 2. Whether the 1st defendant was admitted to possession as a ryot and if not, in what character did he take possession of the lands. Issue-wise Detailed Analysis: 1. Whether the suit lands are the private (kamatam) lands of the Zamindar or ryoti lands: The main question is whether at the time the defendant was put in possession of the lands, they were ryoti lands or the private or kamatam lands of the Zamindar. The 1st defendant's claim to permanent right of occupancy is based on Clause 1, Section 6 of the Estates Land Act, which applies only if the land is "ryoti land not being old waste." Private land is excluded from ryoti land by its definition in Section 3, Clause (16). It was argued that though these lands were initially ryoti lands, they had been effectively converted into kamatam lands before the Act was passed. The court agreed with this argument, stating that the Zamindar was at liberty to convert ryoti lands into kamatam lands before the passing of the Act. The lands were kamatam lands both at the time of the Act's passing and when the 1st defendant took possession. Consequently, the appeal was dismissed with costs. 2. Whether the 1st defendant was admitted to possession as a ryot and if not, in what character did he take possession of the lands: The plaintiffs, the Zamindars of North Vallur, filed the suit for a declaration that the suit lands are their private lands and that the 1st defendant has no occupancy rights. They also sought possession and mesne profits. According to the plaintiffs, the 1st defendant was appointed as an agent for private cultivation and was supposed to vacate after the harvest of Fasli 1327 (1917 A.D.). The 1st defendant argued that the lands are ryoti lands and that he was admitted as a ryot from the commencement of Fasli 1327, denying any obligation to quit after the harvest and claiming permanent occupancy rights under the Estates Land Act. The learned Subordinate Judge found that the lands are kamatam and that the 1st defendant took possession as the Zamindar's agent. The lands were originally ryoti but were converted into kamatam lands before the Estates Land Act came into force. The documentary evidence established that the lands were cultivated by the Zamindar directly and were treated as private lands in various estate records and leases. The court concluded that the lands were effectively converted into private lands before the Act and continued to be treated as such. Conclusion: The court concluded that the suit lands were private lands of the Zamindar, and the 1st defendant had no occupancy rights. The lands were converted from ryoti to kamatam before the Estates Land Act and were treated as private lands consistently. The appeal and the memorandum of objections were dismissed with costs.
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