REWACHAND HOTEHAND Vs. HARCHANDRAI HOTEHAND

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution to remove to this Court the records relating to File No. 290/G-1/58 now pending before the Joint Sub-Registrar, Nizamabad, in Suit No.1 of 1958 and issue a writ in the nature of certiorari quashing the order of the District Registrar, Nizamabad, dated 29th June, 1959. The said order runs as follows :- <FRM>mah.b.370_061205.htm</FRM>

(2.) It will be seen that by this order the District Registrar sent the concerned file to the Joint Sub-Registrar, Nizamabad, and directed him to hold an enquiry in accordance with the provisions of section 74 of the Indian Registration Act. This order is challenged on the ground that the District Registrar had no jurisdiction to make it.

(3.) The facts material for the present purpose are as follows : Petitioners 1 to 3 and respondents i and 2 are refugees from Sind and petitioner No. 4 is their mother. The five brothers obtained a lease of the ' Mahaboob Sugarcane Farm ' of an extent of about 100 acres situated in the villages of Thana Kalam and Janlam in Bodhan taluk, Nizamabad district, from the Custodian of Evacuee Property, Hyderabad, in July, 1953. The said lease was renewed from time to time up to 30th June, 1958 and the same was enjoyed by all the five brothers jointly. While so, it would appear that differences arose between the brothers and, according to the case of respondents 1 and 2 all the brothers agreed to divide their leasehold interest and on the 15th January, 1957 executed a deed of partition in respect of their leasehold interest in the ' Mahaboob Sugarcane Farm'. According to the terms of the deed, 33 acres and 3 guntas were allotted to the share of respondents i and 2 and the rest of the land was allotted to the remaining three brothers and their mother (petitioner No. 4), the latter also having been given a share in deference to her wishes. The said deed of partition was presented by respondents 1 and 2 for registration on 15th May, 1957 before the Joint Sub-Registrar, Nizamabad.