JUDGMENT

Sujata V.Manohar, J.

(1) THE appellants in both these appeals are the owners of a large piece of land. Out of this land, the appellants created tenancies of a portion of the land in favour of the original respondents with effect from 1/4/1964. The respondents are cowherds. The appellants had given the said land to the respondents for keeping or grazing their cattle. The respondents were required not to make any other use of the said land. The rent note executed by each of the respondents-tenants contained the following term:

"I have measured the land. I will not use the land lying beyond the said limits. I will put up a wire-fencing demarcating the demised land."

(2) BOTH the tenants, in contravention of this term in the rent note, encroached upon the adjacent land of the appellants and used it for tethering their cattle. On learning about the encroachment, the appellants addressed a notice dated 22/1/1968 terminating the tenancy on the ground, inter alia, of having committed a breach of the terms of the tenancy. The appellants had also contended that the respondents had committed default in payment of rent and were in arrears of rent.

(3)