The lands belonging to the appellant temple had been let into possession to the respondent in August, 1944 by the then trustee of the temple when the latter was being pressed b) the State authorities for reclaiming the land and putting it to cultivation in connection with the Grow More Food campaign launched by the Government during World War II. The succeeding trustee sued the respondent for the recovery of a sum of money as damages for use and occupation of the land• on the grounds (I) that the lands were uncultivable waste lands and not ryoti lands, (2) that the transaction by which the respondent was let into possession was not binding on the present trustee inasmuch as it had not been entered into after obtaining the permission of the Hindu Religious Endowments Board under s. 76 of the Madras Hindu Religious Endowments Act, 1927, and (3) that the respondent was, therefore, a tiespasser. The respondent's defence was (1) that the suit lands were ryoti lands and that in view of his being let into possession by the previous trustee he acquired the status of a ryot under s. 3 (15) of the Madras Estates Land Act, 1908, and also acquired permanent rights of occupancy under s. 6 of the said Act, (2) that the transaction by which he was let into possession did not amount to an alienation and did not come within the purview of s. 76 of the Endowments Act, and (3) that the suit lands being ryoti and the defendant being a ryot, the suit was not maintainable in the civil court. The trial court decreed the suit but, on appeal, the High Court took the view that the suit could be instituted only in the Revenue Court and
