JUDGMENT :

(Sanjay Kishan Kaul, J.)

1. Smt. Gundamma and Smt. Siddamma, both widows of Late Ramaiah, were holding the land as permanent tenants under the Inamdar, B.K. Nagaraj. These lands are situated in Sy.Nos.77/1, 77/2 and 77/3 of Agrahara Dasarahalli Village, Bangalore. The enactment of Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (for short, ‘the Inams Abolition Act’) which was brought into force with effect from 1.2.1959 abolished such personal inams and the land stood vested with the State of Karnataka free from all encumbrances under Section 1(4) of the Inams Abolition Act. However, certain class of persons were entitled to apply for occupancy rights including the class of permanent tenants and thereby obtain ownership of lands upon payment of specified premium to the Government. It is in pursuance to these provisions that Smt. Gundamma and Smt. Siddamma filed two applications for grant of occupancy rights under Section 5 of the Inams Abolition Act.

2. Before this aspect stood concluded, on 17.7.1961, late Papaiah purchased the land in Sy. No.77 measuring 37½ guntas from Smt. Gundamma and her son Sri Ramaiah. The father of the private respondents, one Nanju