DALVEER BHANDARI, J, J.

( 1 ) THIS appeal by special leave arises from the Judgment and Order dated, 4th June, 1998 passed by the High Court of Karnataka at Bangalore in lrrp No. 1960 of 1989, whereby the High Court had allowed the Petition filed by the Landlords/respondents, under Section 121a of the Karnataka land Reform Act, 1961 (in short "the Act") setting aside the Orders passed by the Additional Land Reforms Appellate Authority, Sirsi and the Land tribunal, Halyala.

( 2 ) THE Tenant/appellant in this appeal, claiming to be the tenant of Block no. 20 measuring 11 acres and 17 guntas of Kumbarkoppa Village in haliyal Taluk (hereinafter, referred to as "land in question"), filed an application in Form No. 7 before the Land Tribunal, Halyala claiming occupancy rights under the Act. In his application, it was alleged that he was cultivating the land in question for many years and was paying rent on crop share basis. It was further alleged by the tenant/appellant that since the Landlords/respondents never stayed in the Kumbarkoppa Village, the question of cultivating the land in question by them would not arise at all. Accordingly, the Appellant prayed for an Order of occupancy rig