Judgment

Ramaswami, J.--This appeal is brought by certificate from the judgment of the High Court of Assam and Nagaland dated 22nd April, 1966 in Civil Rule No. 35 of 1963 whereby the High Court by a majority judgment dismissed the writ petition filed by the appellant.

The land in dispute was originally located in the State of Myllicm in the Khasi and Jaintia Hills. This land was leased out in perpetuity to the British Government by Khasi Land owners Thholyomawrie and U. Mongormawrie by a deed of lease C . A. No. 1378 of 1966. executed on 4th November, 1874. On 1st April, 1907 the Secrertay of State for India on behalf of the British Crown made a settlement of the land with Capt. E.M. Manley for 99 years on a premium of Rs. 716-8-9 and annual revenue of Rs. 35-13-3. The document of lease was executed by the Deputy Commissioner, Khasi and Jaintia Hills. On 18th March, 1909 Capt, Manley sold his right and title in the land to Messrs. Jamatullah & Sons. Subsequent to the sale Messrs. Jamatullah & Sons constructed three houses on the land, known as Cedar Lodge , Cryptomaria and Eldorado . The appellant is the successor of Messrs. Jamatullah. & Sons. Out of the three buildings, the