SHIVASHANKAR BHAT, J.

( 1 ) THE owner of the lands in question has filed this Writ Appeal against the dismissal of her W. P. No. 6351/1976. The lands are Sy, Nos. 138/1 and 137/1 of agsur village, Ankola Taluk, Uttara kannada District. Admittedly the lands were leased in favour of one Hammi kom somagouda. She died on 6 9-1972. It is an admitted fact that she left no heir. However, the third respondent (Subba ayugouda) claimed that there was a Will left by Hammi under which the tenancy right of the deceased was bequeathed to him. Basing his right under the Will, the third respondent filed 0, S. No. 156 of 1973 in the Court of the Munsiff at karwar for a permanent injunction against the petitioner in which there was an order of temporary injunction. Since the question of tenancy was involved, the said issue was referred to the Land tribunal for determination. It is said that petitioner also filed an application before the Land Tribunal seeking registration as an occupant by mistake and the same was dismissed on 11-11-1975. Thereafter the petitioner received a notice of enquiry from the Land Tribunal, obviously arising out of the claim of respondents 2 and 3, They sought occupancy rig

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