REWACHANA HOTCHAND Vs. HARCHANDRAI HOTCHAND

JUDGEMENT

(1.) This is an Appeal against the Judgment of our learned brother, Basi Reddy, J., dismissing a petition under Article 226 of the Gonstitutioa to issue a writ of certiorari quashing the order of the District Registrar, Nizamabad,, dated 29th June, 1959.

(2.) The facts that have led to this dispute are the following. Appellants 1 to 3 and respondents 1 and 2, who are refugees from Sind, are brothers, the fourth appellant being their mother. The five brothers obtained a lease of the "Mahaboob Sugarcane Farm " measuring about 100 acres situated in the villages of Thana Kalam and Janlam in Bodhan taluq, Nizamabad district, from the Custodian of Evacuee Property, Hyderabad, in July, 1953. This lease was renewed from time to time upto 30th June, 1958 and it was being enjoyed by all the brothers jointly. While so, it would appear that misunderstandings arose between the brothers and it was agreed amongst them to divide the lease-hold interest and, accordingly, on 15th January, 1957, they executed an instrument of partition in respect of this property. By and under the terms of this document, 33 acres and 3 guntas were assigned to the share of respondents 1 and 2 and the rest was allotted to the other three brothers and their mother. This deed of partition was presented by respondents 1 and 2 for registration on 15th May, 1957 before the Joint Sub-Registrar, Nizamabad.

(3.) It must be mentioned here that this Joint Sub-Registrar had been authorised by the Government of Hyderabad by a notification No. 73/B-1/21/7/56, Revenue, dated 24th October, 1956 to exercise all the powers and duties of the District Registrar, in exercise of their powers under sub-section (2) of section 7 of the Indian Registration Act. That section recites :