K G KRISHNASWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners have filed this writ petition praying to issue a writ of certiorarified mandamus to call for the records of the second respondent dated 11.8.1992 made in O.Mu. 5621/92 and to quash the same and direct the respondents to issue patta to the petitioners herein under the Tamil Nadu Leaseholds Abolition and Conversion into Ryotwari Act, 1963 in respect of the petitioners' land bearing S. No. 166 of Pallavaram in an extent of 1.54 acres.

(2.) IN the affidavit filed in support of the writ petition, the petitioners would submit that they jointly purchased the rights of the lands in R.S. No. 166 measuring 1.54 acres which had been originally leased out by the Government of INdia in favour of one Haji C. Hussain Saheb under a lease deed dated 18.12.1915 registered as document No. 222/1916 at the Office of the Registrar, Chengalpet; that the said lease hold land was subsequently taken over by the firm of M/s. Khizar Mohammed & Company and the said firm was in enjoyment of the land and the superstructures thereon uninterruptedly; that later one Maimooma Ammal of Adiram-pattinam wrote to the Cantonment Board on 3.2.1957 as to whether there would be any objection since she intends to purchase the property and if so, to state the same in thirty days and since there was no objection forthcoming from the Cantonment, by a deed dated 2.4.1957, she purchased the rights in the said land, registered as document in the Office of the Registrar, Chengalpet in the year 1960 and she applied for the renewal of the lease by application dated 30.12.1959 since the lease period of fifty years came to a close.

(3.) ASSESSING the facts and circumstances as pleaded in the writ petition and having regard to the materials placed on record and upon hearing the learned counsel for both, what comes to be known is that it is the land measuring 1.54 acres falling in R.S. No. 166 of Pallavaram, Saidapet Taluk, Chengalpet District, the history of which is traced by the petitioners, right from the year 1861 when it is said to have been leased out in favour of one Mrs. Louisa Tore for a period of fifty years and on expiry of the said term of lease, again it had been leased for another fifty years in favour of one Hussain Saheb and that period also came to a close on 7.2.1961 and, thereafter, the lease was not extended regarding which there was no controversy between parties.