Shivagouda S/O Bandu Benade vs The Land Tribunal Chikodi on 6 December, 2013
7. On the similar lines is the judgment of
this Court reported in ILR 1998 Karnatak a 3021
(Revanappa vs. Muniyappa and others), wherein
the question was, when a trespasser was in
possession, who has inducted a tenant, can such
a person be considered to be a tenant or a deemed
tenant. The Court held otherwise. It was of the
view that a trespasser cannot give land to a
person who could claim tenancy rights thereafter.
It is only those persons who are in lawful
possession with title or otherwise who could
lawfully gave the land to the tenant. Only then
such a tenant could claim protection under the
Act. However the facts herein are different. The
date on which the tenant was inducted, the
landlord had a lawful right, title and interest in
: 13 :
the eyes of law. He was a holder of a valid sale
deed in his favour. Therefore he cannot be said to
be a trespasser as on the date of induction. Even
the subsequent suit being decreed would not
render the grant of land to the tenant for
cultivation as being unlawful or that of a
trespasser.