(1) THIS appeal by special leave arises from the judgment of the High court of Karnataka in RSA No. 998 of 1977 dated 27/1/1988 affirming the judgments and decrees of the District Judge, Bijapur in Regular Appeal No. 11 of 1973 and of Munsif, Bagalkot in OS No. 23 of 1968 dated 3/4/1973 under Karnataka Village Offices (Abolition) Act, 1961 (Act No. 14 of 1961, for short the Act. The appellant who was unsuccessful throughout is recorded as a holder of an office as Walikarki but he is granted l/5th share in the plaint schedule properties while the respondents have been granted 4/5th towards their respective shares. His grievance is that he had to get the entire plaint schedule properties. Section 2(b) defines thus:

" authorised holder means a person in whose favour a land granted or continued in respect of, or annexed to, a village office by the State or a part thereof has been validly alienated permanently whether by sale, gift, partition or otherwise, under the existing law relating to such village offices."

Holder of a village office as defined in clause (g) means a person having an interest in a village office under an existing law relating to such office provided tha