The judgment emphasizes the importance of natural justice and the correct application of legal provisions in land disputes, particularly regarding the validity of Wills and the procedure for continuing proceedings after the death of a party.

( 1 ) DHAREPPA Guruppa Thakkanavar of Savadi, Taluka Athani, Belgaum district, has filed this petition under Art. 226 of the Constitution, of India questioning the validity of the order d| 4-11-1976 of the Land Tribunal, athani, passed in its proceedings Nos. TNC. SR. 3462, 2826, and 3732.

( 2 ) THE proceeding in No. TNC. SR. 2826 was started before the Tribunal on an application made to it, in Form No. 7 of the Karnataka Land Reforms act, 1961 (the Act) by one Gurappa Satyappa Thakkanavar claiming occupancy rights over Sy. No. 549|3 of village Savadi measuring 4 acres 30 guntas. During the pendency of that application he died Claiming to have acquired this lease right of Gunappa Satyappa Thakkaniavar as a legatee under a Will said to have been executed by the said Gurappa satyappa Thakkanavtar, respondent-5, Ramappa, filed an application, also in Form No. 7 of the Act, requesting the Tribunal to register him as the occupant. This application was, registered in case No. TNC. SR. 3462, respondent-4 (herein), Parappa claiming himself to be the lessee of the land in question in, his own right filed an application claiming occupancy right and, this was registered in, case No. TNC. SR. 3732.

( 3 ) SABU Ambi is the owner of the land. After holding an enquiry, by the impugned order, the Tribunal has allowed the claim of respondent-5. The petitioner, Dharappa Gurappa Thakkanavar, claims to be the son of Gurappa], the deceased, tenant. His case is that soon after his father's death he had approached the Tribunal with a request to implead him as the legal representative of the deceased and to confer occupancy rights on, him. The secretary of the Tribunal is said to have told him that the legal representatives of deceased Gurappa would be notified in due course and then he may approach the Tribunal. He states that contrary to this assurance and without notice to him the Tribunal had decided in favour of respondent's holding that he had succeeded to the lease right under a Will executed by deceased, Gurappa. The contention of the petitioner is that his father had not executed any Will and, even if respondent-5 had 'any such document with him, it is a bogus one and should not have been acted upon by the Tribunal. If an opportunity had, been given to him to have his say in the matter, he avers, he would have shown to the Tribunal that the alleged Will was not a genuine one, and also would have established his own claim for occupancy right. In support of his contention that he is the son of deceased Gurappa he has placed before this Court a Certificate of Birth issued under the Registration of births and Deaths Act, l969.

( 4 ) WHILE assailing the validity of the order in question, the learned counsel for the petitioner made the following submissions, Firstly, he contepded that the order of the Tribunal, having been passed without notice to his client, the legal heir of the deceased-tenant, Gurappa, is opposed to one of the basic principles of natural justice, and therefore, is vitiated. Secondly, he contended that even if the Tribunal had found the Will Set up by respondent-5 as genuine, it could not have conferred occupancy rights in his favour on the basis of that Will since bequeathing of a lease right under a Will amounts to an assignment of the lease right by (deceased) Gurappa, and is therefore, invalid under Sec. 21 of the Act. Thirdly, he contended that the application filed by respondent-5 in Form no. 7 after the death of the petitioner's father was itself barred by time, the same having been filed after 31-2-1974, and the entire proceeding before the Tribunal is vitiated in view of the fact that it had proceeded with the enquiry on such an application without admitting the same after condoning the delay.

( 5 ) SINCE the landlord, Dharappa, Sabu Ambi, is dead his legal representative, subhas, Mahaveer and Ravasaheb (respondent 3a to 3c herein) are made parties to this petition. The learned Counsel appearing for them supported the p

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