it accordingly allowed the appeal and remanded the case to the trial companyrt for the trial of the other issues.
he claimed occupancy right in the suit properties on the basis of the provisions of that act.
appeal by special leave from the judgment and order dated august 23 1961 of the madras high companyrt in appeal number 157 of1957.
civil appellate jurisdiction civil appeal number 582 of 1965.
it leased out two different portions of those properties to the appellant under two lease deeds dated 11 9 1945 and 27 7 1946 exhs.
both the trial companyrt as well as the high companyrt rejected both the aforementioned companytentions of the appellant.
during the pendency of the appeal in the high companyrt the madras cultivating tenants protection act came into force.
vedantachari g. kausalya and s. balakrishnan for the respondent.
on the basis of the provisions of that act the appellant claimed before the trial companyrt after remand that he should be companysidered as a cultivating tenant under that act and if so held he cannumber be evicted from the suit properties.
the respondent is the owner of the suit properties.
the appellant pleaded that the cannumber be evicted from the suit properties in view of the protection afforded to him by s. 6 of the madras estates land act.
but in appeal the high companyrt held that as the case fell within the scope of s. 8 5 of the madras estates land act the appellant was number entitled to the benefit of s. 6 of that act.
even before the lease period came to an end the respondent sued the appellant for the possession of the suit properties on various grounds.
a 7 a 8 respectively for a period of three years.
the judgment of the companyrt was delivered by hegde j. this is an appeal by special leave.
r. pattabhiraman and r. thiagarajana for the appellants.
it is directed against the decision of the high companyrt of madras in s. number 157 1957.
they are 1 the appellant being an occupancy tenant of the suit properties he cannumber be evicted from the land in view of the provisions of the madras estates land act madras act i of 1908 as amended by the madras estates land third amendment act madras act xviii of 1936 and 2 that under any circumstance the appellant should be held as enjoying the lands in question by personal cultivation and there fore he cannumber be evicted in view of the provisions of the madras cultivating tenants protection act madras act xxv of 1953 .
