TMI Blog1946 (8) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... covered 475 acres of forest land, all of which fell within the boundaries of the zamindary. The defendants took exception to the jurisdiction of the Court. They claimed that they were entitled to permanent rights of occupancy in respect of the whole area covered by the lease and consequently the Revenue Court alone had jurisdiction. The plaintiff maintained that he was entitled to sue in the Civil Court because cardamom cultivation was not agriculture within the meaning of the Madras Estates Land Act. He also said that 125 acres were pannai lands, which meant that in any event he had the right to sue in the Civil Court to recover a proportionate amount of the arrears of rent. The learned Subordinate Judge held that cardamom cultivation was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion may be too widely drawn to apply in its entirety to the Madras Estates Land Act. For instance, land let for the rearing of live-stock may not come within the definition, although we do not propose to express a definite opinion on the point. But what is clear is that the word agriculture implies something which is achieved with the aid of human agency, as was pointed out by this Court in the Yuvarajah of Pithapuram v. Commissioner of Income Tax, Madras (1946)1MLJ120 . Cardamom cultivation requires the aid of human agency. Sir Alladi Krishnaswami Aiyar, on behalf of the appellant, has agreed that cardamom cultivation involves three stages. In the first place, the seeds are sown in beds where they germinate and are left to grow for six ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led to refer this case to a Full Bench in view of its conflict with the judgment in Panadai Pathan v. Ramaswami Chetti AIR1922Mad351 but it is manifest that the decision in Chandrasekhara Bharathi Swamigal v. Duraiswami Naidu AIR1931Mad659 has no bearing here. 6. The decision of the Privy Council in Kesho Prasad Singh v. Sheo Pragash Ojha (1924) 47 M.L.J. 824 : L.R. 51 IndAp 381 : I.L.R. 46 All. 831 (P.C.) provides no greater help for the appellant. In that case the question was whether the planting of a mango grove was agriculture within the meaning of Section 79 of the Agra Tenancy Act, 1901. The Judicial Committee held that it was not, but the definition of agriculture in the Agra Tenancy Act and the definition of the term in the Madr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lder's remedy in respect of the balance of 350 acres is in the Revenue Court and not in the Civil Court. 8. We disagree with the Subordinate Judge in his dismissal of the suit in so far as the 125 acres of pannai lands are concerned. The apportionment of the rent is a very easy matter and the dismissal of the suit with regard to the pannai lands can only mean delay, further expense and waste of judicial time. The Court is informed by learned Counsel that in the trial Court the defendants were agreeable to a decree being passed against them for the amount of arrears of rent due by them in respect of the pannai lands. Both sides are now agreed that the plaintiff is entitled to a decree for ₹ 2,431-3-0 in respect of the pannai lan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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