JUDGMENT

Tarun Chatterjee, J. —

1. This appeal is directed against the judgment and order dated 28th of August, 2001 of the High Court of Karnataka at Bangalore in a Second Appeal whereby, the High Court had allowed the appeal filed by the respondents against the judgment and decree of the 2nd Additional Sessions Judge, Dharwad, remanding back the matter to the First Appellate Court to decide in accordance with law in view of the findings made by the High Court in the second appeal.

2. The relevant facts, as arising from the case made out by the appellants, which would assist us in appreciating the controversy involved are narrated in a nutshell, which are as follows:

3. The disputed land bearing RS No. 40 measuring 18 acres 32 guntas was an agricultural land belonging to one Laxmibai, situated in Harlapur village in Gadag taluka. After the death of Smt. Laxmibai, her grand sons inherited the said land and it was under cultivation of the predecessor in title of the appellants and the respondents. After coming into operation of the Karnataka Land Reforms Act (in short “the Act”), Basanagowda, the father of the respondents filed Form No. 7 under the Act for grant of occupancy rights