Sengottuvelan, J.

1. In view of conflict of decisions noted by Swamikannu, J., regarding the validity of pre-existing mortgages on the passing of the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act 30 of 1963, hereinafter referred to as the Act, this matter is referred to this Bench for authoritative pronouncement.

2. The facts of the case are briefly as follows: On 4.8.1943 one Karuppanna Gounder and his son Palanisamy Gounder usufructuarily mortgaged the suit properties in favour of one Muthusamy Gounder and three others. In lieu of interest, the mortgagees were allowed to enjoy the land for a term of five years. The mortgagees agreed to receive the mortgage amount and deliver possession of the properties to the mortgagor after the expiry of the term. While so, one Valliammal, the wife of Palanisamy Gounder of Sangarupalayam, obtained an assignment of the abovesaid mortgage on 7.6.1946. She had in turn assigned the mortgage in favour of the appellant, the first defendant in suit, on 12.6.1959. Accordingly, the appellant is in possession of the mortgaged properties. Palanisamy Gounder, one of the mortgagors sold his share to the 7th respondent herein (5th def