MALLAIAH D Vs. DODDASOORAIAH D

JUDGEMENT

(1.) Heard the learned counsel for the parties. Leave is granted limited to the question to which notice was issued, namely, whether a person who has been cultivating any land while claiming to be in adverse possession, can be said to be cultivating the land lawfully within the meaning of Section 4 of the Karnataka Land Reforms Act, 1961.

(2.) One Mallaiah, who was the appellant and whose legal representatives are brought on record, fought earlier litigation in the civil court claiming to be in adverse possession of the land in dispute. Even before the Land Revenue Authorities he stuck to the same plea. The authorities also found that there was nothing on record to conclude that he ever paid the rent or did anything to show that his possession was lawful. This being the factual position, the question that arises is whether he is entitled to claim deemed tenancy under Section 4 of the Karnataka Land Reforms Act,1961 (hereinafter referred to as "the Act').

(3.) Section 4 of the Act in so far as it is relevant for our purpose, reads as follows:-