J M AKBAR AHAD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS application has been filed under Art.226 and Art.227 of the Constitution praying for issue of a writ in the nature of mandamus or appropriate order or direction restraining the opposite party the State of Orissa from resuming the leasehold property described in para 1 of the petition.

(2.) IN order to appreciate the contentions raised in this application, it will be useful to refer to the background of this litigation. Petitioner Nos. 1 to 3 are the sons and petitioner Nos. 4 to 6 are the daughters of one Mr. Muhammad Abdul Ahad, a retired Deputy Collector. By a registered sale deed D/- 22-5-1929, Mr. Abdul Ahad purchased plot No. 523 in Khata No. 6 containing an area of 7.724 acres with a residential building standing thereon appertaining to Khasmahal touzi No. 2616, mouza Patpur bearing annual rent of Rupees 143/2/- from the cosharers of one Raichoudhury family. The land was described in the sale deed as Khasmahal raiyati pattadari and Mr. Ahad was recorded as pattadar. He entered into a fresh lease with the Khasmahal sometime in 1932 and executed a kabuliyat in favour of the Collector, Cuttack. IN 1949, Mr. Abdul Ahad by way of family settlement executed a registered deed transferring the property in favour of the petitioners and their late mother. A fresh lease was executed by the petitioners and their late mother on 18-8-1951 in favour of the Collector in respect of the land in the usual printed form. Clause 12 of this lease was to the following effect :