CHEEKATI KURIMINAIDU Vs. KARRI PADMANABHAM BHUKTA

JUDGEMENT

(1.) Ten petitioners have filed this writ petition praying that this Court may call for the records relating to the order of the Sub-Collector, Parvatipuram in I. A. C. R. A. 10 of 1962 dated 9-7-1952 and issue 3 writ of certiorari or any other appropriate writ quashing that order.

(2.) The relevant facts are as follows: Certain lands in the village of Neelakanthapurarn wero leased out by the owners in favour of certain lessees under cowle (Ex. D.5) dated 5-2-1906 for a period of 3 years. "It provided for a rent of RS. 51-4-0 per year. Though the period of lease under it expired in 1909, beyond doubt or dispute, the tenants continued to be in possession as lessees holding over and cultivated the lands up to date. On 10-5-1927 the owners of the lands executed a mortgage deed (Ex, P-5) in favour of the persons who were then lessees. It provided as follows :-

(3.) The inamdar filed appeal in I. A. C. R. A. No. 10/52 before the Sub-Collector, Parvatipuram. Two points were framed by him. Point No. 1 related to respondents 1 to 3 and 14 with whom we are not concerned in this writ proceeding. Point No. 2 was substantially the same as Point Nos. 3 and 4 before the Inam Deputy Tahsildar. That point was as follows :- (2) Whether the fact that the remaining respondents became mortgagees subsequently implies that they are no longer tenants and are, therefore, not entitled to 2/3rd share of the pattas?