JUDGMENT :

SLP (C) No. 22377/2004

1. Application for substitution is allowed.

2. This is a Special Leave Petition for setting aside the judgment dated 29.6.2004 of the Division Bench of the Karnataka High Court, Bangalore whereby the writ appeal preferred by the appellant (petitioner herein) was dismissed and the order passed by the learned Single Judge was affirmed.

3. The petitioner was the third respondent in Writ Petition No. 28821 of 1998 preferred by the first respondent herein. The Writ Petition was preferred by the first respondent after about 21 years to set aside the order dated 25.10.1975 and 10.8.1977 passed by the Land Tribunal, Somwarpet, in so far as it granted occupancy rights in regard to Sy. Nos. 166 (8A. 60 cents) and 164 (2A. 80 cents) of Attur Nallar Village, Suntikoppa Talum, Somwarpet. The writ petition was allowed in part, quashing the order dated 10.8.1977 passed by the Land Tribunal, Somwarpet in so far as Sy. No.166 (8A. 60 cents).

4. Sy. No. 166 of Athur Nallur village measuring 8 acres 60 cents originally belonged to one Subbaiah, grand father of first respondent and 12th respondent. The said Subbaiah had two sons, namely, K.S. Ganapathi and K.S. Appachu. Th