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1977 Supreme(Kar) 93

K.J.SHETTY
R. G. HIREMATH – Appellant
Versus
T. KRISHNAPPA – Respondent


Advocates:
B.V.DESHPANDE, V.KRISHNA MURTHY

( 1 ) THESE two revision petitions raise a common question cf law. The question is, whether there exists a relationship of landlord and tenant as between the parties to the eviction proceedings in respect of the premises occupied by the petitioners.

( 2 ) THE relevant facts bearing on the question are (these: In 1915 a site measuring 1 acre 20 guntas was leased to one Rao Saheb Gopalgiri, as a building site under Sanads-Exs. P3 and P4. In 1917 Gopalgiri executed a Kabuliyat Ext. PS in favour of the Govt. The said Kabuliyat provided inter alia conditions for erecting buildings and also stated that he would pay ground rent at Hie rate of Rs. 30 (being at the rate of Rs. 24 per acre) for 50 years commencing from 1st August, 1915, and thereafter he would pay such ground rent for such further periods as may from time to time be fixed by lawful authority. It also provided that he should be entitled to occupy the said land, in perpetuity, but if he contravened any of the conditions, the Collector may declare the land forfeited to Govt and may dispose of the same. Between 1917 and 1927 Gopalgiri erected several buildings in the said site. After the death of Gopalgin, his son Ramachandragir








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