JUDGEMENT

R.M. Lodha, J. —

This appeal, by special leave, is from Karnataka High Court. The Division Bench vide its order dated November 21, 2001 set aside the order of the Single Judge dated June 1, 2001 and also the order of the Land Tribunal dated March 29, 1994 and directed the Land Tribunal to pass fresh order concerning the subject land.

2.On March 29, 1994, the appellants were conferred occupancy rights by the Land Tribunal in respect of Survey No. 108/17 (delineated as R.S. No. 108/17 C) admeasuring 27 cents situate at Shivalli village, Udupi Taluk, Karnataka. The controversy relates to the aforesaid land to the extent of 7 cents. The present respondent nos. 1 to 5 (hereinafter referred to as ‘writ petitioners’) filed a writ petition before Karnataka High Court on January 4, 1999 challenging the order of Land Tribunal dated March 29, 1994. The writ petitioners set up the case that the extent of property admeasuring 7 cents being the portion of Survey No. 108/17 originally belonged to one Sri Krishna Kini who transferred the said land to Sri Rangannaiah (father of 5th writ petitioner) in 1949 and the purchaser came into possession. Sri Rangannaiah mainly used the said land for