Privy Council(1925) 02 PRI CK 0009

Sreemanthu Rajah Yarlagadda Mallikarjuna Prasada Nayudu Bahadur, Zamindar, since deceased (now represented by Sreemanthu Rajah Yarlagadda Anki needu Prasad Bahadur Zamindar Garu) vs Renduchintala Subbayya and others

Privy Council · Decided on 20 February 1925 · Citation: (1925) AIR(PC) 174(1)

HON’BLE JUDGES
Lords Shaw and Carson, John Edge and Ameer Ali, JJ.
CASE NUMBER
Privy Council Appeal No. 60 of 1923

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Judgment

5 paragraphs · 219 words

Lord Shaw - The question that arises in this appeal has reference to the rights of permanent occupancy of certain ryots who possess lands in the village of Majeru.

Under the Madras Act I of 1908 the right of ryots to such permanent occu pancy of ryoti land is declared. And ryoti land "means cultivable land in an estate other than private land." "Private land means the domain or home farm land of a landholder."

The Zemindar, the appellant, attempted to show in both of the Courts below that the lands in suit were "private lands" within the meaning of the Act and that he accordingly was entitled to eject the occupants therefrom.

The question thus raised was one of fact. There are concurrent judgments in the Courts below to the effect that the lands were not private. It follows as a matter of law that the permanent occu pancy of the ryots was affirmed by those Courts. This right is also affirmed by this Board. They proceed upon the settled principle that this Board does not inter fere with concurrent findings of fact in the Courts below. The appeal will accor dingly, under the recommendation of their Lordships to His Majesty, be dismissed.

No one appears for the respondents, so there will be no costs of this appeal.