JUDGMENT

G.S. Singhvi, J. —

1. This appeal is directed against the judgment of the Division Bench of the Karnataka High Court whereby Writ Appeal No. 963 of 2000 filed by the appellants against the order of the learned Single Judge, who declined to interfere with the order passed by Land Tribunal, Gulbarga (for short, “the Tribunal”) for grant of occupancy rights to the respondents was dismissed.

2. The predecessor of Abdul Khader, who is now represented by his legal representatives, are said to be Sajjada of the Darga of Hazarath Sheik Sirajuddin Junnedi of Shaik, Roza Gulbarga. Land comprised in survey Nos.5, 6 and 7 situated at village Badepur, Taluk Gulbarga is said to be Service Inam Land under the Darga. Abdul Khader leased out the land to Basavannappa (husband of respondent No.1 - Tarabai) in 1957 for a period of five years at an annual rent of Rs.500/- and on that basis, the latter started cultivating the land.

3. Basavannappa gave interest free loan of Rs.6,000/- to Abdul Khader and also supplied him foodgrains worth Rs.3,500/-. After some time, he filed Suit No.35/1/1959-60 in the Court of Subordinate Judge at Gulbarga for recovery of the loan etc. During the pendency of the suit, the parties agreed to refer the matter for arbitration. After hearing the parties, the Arbitrators passed award dated 15.10.1959. They took cognizance of the fact that the land comprised in survey Nos.5, 6 and 7 was already leased out to Basavannappa for five years and declared that the plaintiff will have to recover the amount from the defendant by taking the land on lease for a period of 19 years after expiry of five years term. Abdul Khader filed objections against the award but the same were not entertained by the Subordinate Judge, who decreed the suit on 29.10.1959 in terms of the arbitration award.

4. After coming into force of the Karnataka Certain Inams Abolition Act, 1977 (for short, “the 1977 Act”), Basavannappa filed an application under Section 5(1) of that Act for grant of occupancy rights by asserting that he was in cultivating possession of land comprised in survey Nos.5, 6 and 7 since 1957 as a tenant. Respondent No.2 - Shivapal Singh, who is also represented by his legal representatives, filed similar application for grant of occupancy rights in respect of 1 acre 12 guntas land comprised in survey No.6. Abdul Khader too claimed occupancy rights over the land in dispute and submitted form No.7.

5. By an order dated 27.6.1977, the majority of the Tribunal allowed the applications of Basavannappa and Shivapal Singh and held that Basavannappa is entitled to occupancy rights in respect of land comprised in survey Nos.5, 6 and 7 excluding 1 acre 12 guntas. Shivapal Singh was declared as an occupancy tenant in respect of 1 acre 12 guntas land comprised in survey No.6. However, the application of Abdul Khader was rejected on the ground that he had not cultivated the land as a tenant.

6. Abdul Khader challenged the order of the Tribunal in Writ Petition No.8584 of 1977. Basvannappa also filed Writ Petition No.8583 of 1977 questioning the grant of occupancy rights to Shivapal Singh. During the pendency of the writ petitions, Basavannappa died and his legal representatives including respondent No.1 were brought on record and their names were shown in the cause title of the order passed by the learned Single Judge. Both the writ petitions were allowed by the learned Single Judge vide order dated 26.11.1984 on the ground that the Tribunal had decided the applications without recording evidence and remitted the matter for fresh disposal of the applications filed by the parties.

7. After remand, respondent No.1 submitted an application in form No.1. Abdul Khader filed an application for re-grant of the land. The Tribunal recorded the statements of all the applicants. After considering the evidence of the parties and the written submissions filed on their behalf, the Tribunal passed order dated 6.10.1987 and declared that the respond