Again,the High Court,while setting aside the findings of fact also made the following findings: "But in the instant case,since the respondents 3 and 4 failed to produce any evidence to show that their father was cultivating the land in dispute as a tenant under the 5th respondent mortgagee and even when the entries in the R.T.C.extract produced do not support the claim of tenancy set up by the father of the respondents 3 and 4,the question of drawing presumption of deemed tenancy in his favour under S.4 of the Act does not arise