These revision petitions came up for hearing in the first instance before a Division Bench consisting of Govinda Menon, J. and Basheer Ahmed Sayeed, J. and they considered it was desirable that one of the questions involved in the petitions, namely, the construction and applicability of sub-section (3) of section 189 of the Madras Estates Land Act, should be decided by a Full Bench.

The facts necessary for the disposal of this reference are as follows:The plaintiffs are the proprietors of a village called Bommaluru in the Krishna District. They filed suits against the tenants in possession of holdings in the village for an injunction restraining them from removing the paddy heaps standing on the suit lands until a due division was made of the crop and until the rent in kind payable to the plaintiffs be paid by the tenants-defendants, for effecting a division of the paddy heaps, or in the alternative for payment of the value of the plaintiffs’ share of the crop. The suits were filed in the Court of the District Munsif of Bezwada. The tenants pleaded inter alia that Bommaluru was an estate within the meaning of the Madras Estates Land Act and they had occupancy rights