JUDGMENT

Shivaraj V. Patil, J.-One Dattoba Daji Saheba Desai filed Form No.7 under Section 48-A of the Karnataka Land Reforms Act, 1961 (for short the Act ) before the Land Tribunal (for short the Tribunal ), Belgaum, claiming occupancy rights over the land Survey No. 43 measuring 2 acres 23 guntas exclusively to himself. 3 other applicants namely, Baburao Desai, Vishwasrao Desai and Jayawantrao Desai also made similar applications for grant of occupancy rights in respect of the same land claiming 1/4th share each. The Tribunal, after conducting enquiry, by order dated 20.8.1975 granted occupancy rights in favour of these 4 persons as regards their respective shares. Dattoba, aggrieved by the said order, filed Writ Petition No. 5244/1975 before the High Court challenging the correctness of the said order of the Tribunal. The High Court allowed the writ petition, set aside the order of the Tribunal and remanded the case to the Tribunal for fresh disposal. After the remand, the Tribunal after hearing the parties by its order dated 23.6.1981 held that these 4 applicants were entitled for cultivatory right to the extent of 1/4th share. Dattoba filed Writ Petition No. 18378/1981 for t