JUDGMENT

Dharmadhikari, J.-These two appeals arise out of common judgment dated 6-9-1996 passed by the High Court of Karnataka at Bangalore in cross appeals filed by the plaintiff and defendants [Regular First Appeal Nos. 191/1987 & 747/1986] against the judgment dated 30-10-1986 of City Civil Court, Bangalore in Civil Suit No. 5634 of 1980. The appellant which is a housing co-operative society of workers in REMCO Industries, was defendant No. 1 before the trial court.

2. The subject matter of dispute is the land in Survey No. 132/2 measuring 1 acre 3 guntas [now said to have been merged into Survey No. 305] situate in village Kempapur (now part of Bangalore City). The present appellant - Society of workers claims title to the land and it is submitted that it has built houses for its members on it. It is not in dispute that the suit land was an Inam land. Inams were abolished by Karnataka (Personal & Miscellaneous) Inams Abolition Act, 1954. Under the said Act, tenants in occupation of land are given preferential right to apply for Occupancy Rights and if they fall to do so, the Inamdar has been given a right to apply for grant of Occupancy Rights.

3. The plaintiff [respondent No. 1 h