HONNAMMA Vs. NANJUNDALAH

JUDGEMENT

(1.) THESE appeals by special leave are directed against the judgment of the Karnataka High Court dated 27th July, 2000 whereby the orders of the Appellate Tribunal conferring occupancy rights on the appellants, have been reversed. The tenant-claimants are before us in these appeals.

(2.) THE facts of the case are as under:-

(3.) AT the very outset, Mr. S. N. Bhat, the learned counsel for the appellant has fairly conceded before us that the earlier proceedings did not constitute res-judicata and the conclusion drawn by the High Court to that extent was correct. He has however argued that the finding on the other two points i. e. limitation and the deemed tenancy of Nanjundegowda had been wrongly decided by the High Court and these findings were required to be set aside. He has laid special emphasis on the submission that the deemed tenancy under Section 4 of the Act did not visualize the payment of any rent and all that was required for the claimant to assume the status of a deemed tenant was that he had been cultivating the land lawfully. In support of this argument, the learned counsel has cited Dahya Lala and others vs. Rasul Mahomed Abdul rahim and others AIR 1964 SC 1320.