ORDER

This appeal by special leave arises from the order dated July 25, 1990 of the Division Bench of the Karnataka High Court in Writ Petition No. 4044/86. Admitted facts are that one Mohammed Khan was the original owner of an extent of 2 acres 37 gunthas of land in Survey No. 22/2 of Arundi Village, Honnali Taluk, Shimoga District in Karnataka State. The father of the respondents, Channabasappa was a tenant under him. Mohammed Khan sold the land to the appellant for consideration after their father had refused to purchase the land. Subsequently, the appellant again got issued notice calling upon them to pay the rent. Since the respondent s father had asserted his title and denied title of the appellant s father, he came to file a suit for declaration of title and for recovery of the possession, which was decreed on September 28, 1959 by operation of Clause (g) of Section 111(g) of the Transfer of Property Act. Thereby, he forfeited his right to the tenancy on September 28, 1959. It was upheld on appeal.

2. It is claimed that appellant had executed the decree and came into possession of the land on April 13, 1967. Subsequently, the respondent s father filed an application before the