Rajagopala Ayyangar, J.- The constitutional validity of the Madras Cultivating Tenants Protection Act (XXV of 1955) is challenged in this petition for the issue of a writ of certiorari to quash an order of the Sub-Collector, Dindigul, dated 17th April, 1956, who acting under section 4 of the Act directed the restoration of the second respondent, Rakkappan Servai, to the possession of certain lands belonging to the petitioner.

The land which forms the subject-matter of the dispute in the present proceedings is of an extent of about 3 acres situated in the village of Mannadimangalam in Nilakottai taluk. The second respondent claimed that he along with one Ayyaswami Pillai was jointly cultivating these lands under a lease deed executed on their behalf in favour of one Sadasivam Pillai. Their case was that the joint family of the petitioner and his elder brother was the owner of the land and that in or about May, 1953, the petitioner’s elder brother Rajagopala Ayyar now deceased leased the lands to Sadasivam Pillai for a period of one year. Rajagopala Ayyar died in July, 1953 and since then the petitioner has been in management of this property on behalf of his family. The second respon

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