Tungala Mallanna v. Gottumukkala Ramaraju

1. The question for decision is whether the appellant-defendant, is an occupancy tenant.

2. The plaintiff is the cowledar of the Nandigama Estate which is held under a “missal” by a person who is styled the inferior proprietor.

3. The inferior proprietor is clearly a landholder under the Estates Land Act, S. 3, Cl. 5. Under that clause every person entitled to collect the rents of the whole or any portion of the estate also is a land-holder. The appellant contends that the respondent-plaintiff falls within this definition. The cowle under which the plaintiff claims to recover possession provides that he is to be placed in possession of the lands, that he is to pay the kist due to Government, that he is to bear the charges of establishment, etc., that he is to act subject to “missal” conditions and pay the inferior proprietor “a profit” of Rs. 800 per annum. These are clearly not the terms of a tenancy. The possession which was given to the cowledar is such possession as the proprietor had. We have no hesitation in holding that the plaintiff is not a tenant but a person entitled to deal with the land on behalf of the inferior proprietor including the right to collect the rent. If the plaintiff is a landholder then it is not denied that the defendant is a tenant. S. 6 of the Act confers on him a permanent right of occupancy unless, as is contended before us by the plaintiff's counsel, the land is “old waste” under S. (3), Cl. (7), sub-Cl. (2). It is clear that this provision applies only to any letting after the passing of the Act. If by surrender or otherwise the plaintiff gets possession of this land and lets it after the passing of the Act, and the land was not held with any permanent right of occupancy for 10 years prior to such letting, the land is old waste.

4. We are of opinion that the defendant is a tenant with permanent right of occupancy in his holding. We direct the agent to review his judgment in accordance with the above observations. Costs will abide the result.

S.N/R.K

5. Appeal accepted.