Judgment

Rajendra Babu, J.-Sangappa Kalyanappa Bangi claiming to be a tenant in respect of land comprised in Survey No. 169/1A measuring about 16 acres 3 gunthas situated at Jamkhandi made an application to the Land Tribunal at Jamkhandi for grant of occupancy rights in respect of the said land. The Land Tribunal made an order on 28th March, 1988 holding that respondents 2 to 5 are entitled to occupancy rights in respect of the said land. Aggrieved by that order an appeal was preferred to the District Land Reforms Appellate Authority (herein­after referred to as “the Appellate Autho­rity”). The Appellate Authority dismissed the same. Aggrieved by that order a Revision Petition was preferred before the High Court unsuccessfully. Hence this appeal by special leave.

2. The facts leading to this appeal are as follows :-

Sangappa Bangi made an application under Section 45 of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as “the Act”) in Form No. 7 claiming occupancy rights in respect of the land in question. During the pendency of the proceedings he made a Will on 8.4.1975 bequeathing his tenancy rights in respect of the land in favour of one Ameerjan who claims to be the L