1916 (3) TMI 1

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..... the villagers of Velikallu and others to recover possession of certain lands which he had leased to them. The defendants pleaded that they were sole owners of these lands subject to the payment of an annual rent to the plaintiff and that the annual auctions held by the plaintiff were merely auctions of the right to collect the fees which they paid for the grazing of their cattle ; and later on in .....

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..... ng to support defendant's contention that the lease of the right to collect grazing fees and from plaintiff's documents and the admissions of defendant's witnesses it is clear that the lease was of the right of grazing and not of the right to collect grazing fees. 4. Now in this state of things the zamindar is prima facie the owner of the waste lands in his zamindari and the evidence .....

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..... tly been held by a Full Bench of this Court in Rajah of Venkatagiri v. Ayyappa Reddi I.L.R. (1913) M 738: 25 M.L.J. 578 that land fit usually only for pasturing cattle and not for ploughing and raising agricultural crops is not ryoti land. In this case for a great many years the suit lands had not been cultivated and had only been used for pasturing cattle and we think that the defendants have fai .....

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..... f pasturage does not confer a right of occupancy. 6. The contention put forward for the defendants by Mr. Venkatarama Aiyar was that any land is cultivable land on which a blade of grass can be made to grow. Practically it came to that. We are unable to accept that contention which is, as I have already said, inconsistent with the decision in Rajah of Venkatagiri v. Ayyappa Reddi I.L.R. (1913) M .....

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..... r. Rangachariar for the plaintiff has intimated his willingness to accept ₹ 600 a year by way of damages which he explained was a very low figure and that figure has been accepted by Mr. Venkataramier on behalf of the defendants. There will therefore be the usual decree for ejectment and for damages at this rate up to the date of delivery of possession with interest at 6 per cent with costs .....

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