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1996 Supreme(Kar) 483

H.N.TILHARI
B. SHARMA RAO, H. GANESHMAL, MYSORE – Appellant
Versus
HEADQUARTERS ASSISTANT, THE DEPUTYCOMMISSIONER OFFICE, MYSORE – Respondent


H. N. TILHARI, J.

( 1 ) AS these review petitions arise from the common judgment, given in three miscellaneous second appeals mentioned at the top of second appeal judgment, these review applications are disposed of by one common order.

( 2 ) THESE two review applications for review under Order 47, Rule 1 of the Code of Civil Procedure, arise from my Judgment dated 6th June, 1996, whereby this Court allowed the three appeals filed by the opposite parties and set aside the first appellate Court's order of remand.

( 3 ) THE plaintiffs-applicants filed a suit for declaration that the plaintiffs-appellants are the tenants in occupation of the premises in question which admittedly belonged to the government and had been let out by the Executive Engineer of the P. W. D. , Department under an agreement. The plaintiffs in the suit for declaratory decree alleged that their tenancy has not been terminated and they continue to be tenants under Section 116 of the Transfer of Property Act and so sought declaration that they are not in unauthorised occupation of the premises and that provisions of Karnataka Public Premises (Eviction of unauthorised Occupants) Act, 1974 were not applicable to the









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