Agriculture under land law includes cardamom cultivation, and severable pannai land rent may be decreed in civil court.
Cardamom cultivation falls within "agriculture" under Section 3(1) of the Madras Estates Land Act because the statutory meaning includes horticulture and cultivation carried on through human agency, including sowing, transplanting and replanting. On that construction, the lessees had permanent occupancy rights over the leased land except the pannai lands. The civil court could also grant a decree for arrears of rent attributable to the 125 acres of pannai lands because the amount was severable and could be apportioned without requiring a separate suit. The claim for the remaining leased area failed, while relief was confined to the pannai lands.
Issues: (i) Whether cardamom cultivation is agriculture within the meaning of Section 3(1) of the Madras Estates Land Act; (ii) Whether the plaintiff was entitled to a decree in the civil court for arrears of rent attributable to the 125 acres found to be pannai lands.
Issue (i): Whether cardamom cultivation is agriculture within the meaning of Section 3(1) of the Madras Estates Land Act.
Analysis: The expression "agriculture" in the statute includes horticulture and connotes cultivation achieved with the aid of human agency. Cardamom cultivation involves sowing, transplanting, and replanting by human effort, and therefore falls within the ordinary meaning of agriculture as well as within the expanded statutory meaning. The authorities relied on for a narrower view concerned different statutory definitions and different kinds of cultivation.
Conclusion: Cardamom cultivation is agriculture within the meaning of Section 3(1) of the Madras Estates Land Act, and the respondents had permanent occupancy rights over the leased land other than the pannai lands.
Issue (ii): Whether the plaintiff was entitled to a decree in the civil court for arrears of rent attributable to the 125 acres found to be pannai lands.
Analysis: Once the 125 acres were accepted as pannai lands, the rent for that portion could be readily apportioned. There was no need to drive the plaintiff to a separate suit, and the civil court could grant relief for the ascertainable amount due in respect of that land.
Conclusion: The plaintiff was entitled to a decree for the arrears of rent relatable to the 125 acres of pannai lands.
Final Conclusion: The appeal succeeded only to the extent of the pannai lands, while the claim relating to the remaining leased area failed for want of civil court jurisdiction.
Ratio Decidendi: Where a statutory definition of agriculture expressly includes horticulture, cultivation involving substantial human agency and planting operations falls within that definition, and rent for severable pannai land may be decreed in civil court by apportionment.
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