( 1 ) HEARD the learned Counsels for both parties.

( 2 ) THE bone of contention between the parties is the land measuring 2 acres in Sy. No. 7 in Hadigere Village, Tarikere Taluk of Chickmagalur district. It was granted under darkhast to H. M. Basappa on 4-9-1962 by the Government with a condition imposed on the grant that the granted land shall not be alienated for a period of 15 years. In breach of the said condition the land was purchased on 29-4-1966 by the father of petitioners, named Marappa. Thereafter, the purchaser and the grantee died. On the death of grantee, his son respondent No. 4 made an application before the Assistant Commissioner under Section 5 of the Karnataka scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain lands) Act for the resumption of the lands asserting that the said land was alienated to said Marappa by his (respondent 4's) late father in breach of said non-alienation condition. On enquiry, the order Annexure-B dated 6-5-1987 was passed by the Assistant Commissioner holding the said sale null and void and directing petitioner's eviction therefrom for the purpose of its restoration to respondent 4. An appeal again