K. SREEDHAR RAO, J.

( 1 ) THE case was posted at the admission stage. Paper books were already filed. At the request of the Counsel for the appellants and the respondents, heard on merits for final disposal.

( 2 ) THE appeal is filed against the judgment and decree passed in O. S. No. 44 of 1993 on the file of the II Additional Civil Judge (Senior Division), mangalore. The appellants are the defendants in the suit. The respondents/plaintiffs filed the suit for partition and possession of their share in the suit schedule property consisting of agricultural lands situate in Kula Village of Buntawal Taluk. One Annappa Gowda, who is the propositor was the Chalgeni tenant of the suit schedule lands. He died in the year 1968 leaving behind the plaintiffs, who are the daughters, widow Thimmakka and son by name Monappa. The appellants are the children of deceased Monappa. Thimmakka died in the year 1981. After passing of the Karnataka Land Reforms Amended Act, 1974, an application was filed by Thimmakka for grant of occupancy rights in respect of the suit schedule lands and the same was granted in her favour. The plaintiffs claim share in the said lands, contending that the tenancy was a joint tenancy and they have a right of inheritance in the lands in question after the death of their father Annappa Gowda. The Trial court decreed the suit of the plaintiffs, granting 1/6th share each. Being aggrieved by the judgment and decree, the present appeal is filed by the defendants.

( 3 ) THE relationship between the parties is not in dispute. The contention of the plaintiffs that they are entitled to share in the properties by virtue of provisions contained in Section 24 of the Karnataka Land Reforms act as amended in the year 1974. The provision reads as follows:"24. Rights of tenant to be heritable. Where a tenant dies, the landlord shall be deemed to have continued the tenancy to the heirs of such tenant on the same terms and conditions on which such tenant was holding at the time of his death". Per contra, the Counsel for the appellants relied on the provision of section 24 of the Karnataka Land Reforms Act, 1961 which reads as follows:"24. Rights of tenants to be heritable. (1) Where a tenant dies, the landlord shall be deemed to have continued the tenancy (a) if such tenant was a member of an undivided family, to the surviving members of the said family, and (b) if such tenant was not a member of an undivided Hindu family, to his heirs, on the same terms and conditions on which such tenant was holding, at the time of his death. (2) The interest of a permanent tenant in his holding shall on his death pass by inheritance or survivorship in accordance with his personal law". Monappa Gowda died in the year 1968. It is the contention of the appellants that on the death of Monappa Gowda, the tenancy rights held by monappa Gowda were devolved as heirs under Section 24 of the Act.

( 4 ) THE Counsel for the respondents, on the other hand, strenuously contended that the inheritance shall be in accordance with the amended provisions of Section 24 of the Karnataka Land Reforms Act who are all the heirs of Annappa Gowda would be entitled to equal share. The counsel for the respondents also relied on the ruling of the Division bench of this Court in Sha Chunnilal Sohanraj v T. Gurushantappa, wherein it is held thus:"where the amending Act states that the existing section is substituted by a new section, the inference is that the legislature intended that the substituted provision should be deemed to be part of the Act from the very inception. Thus, where eviction proceedings were pending when Section 21 (2) of the Rent Control Act was substituted by Mysore Act 14 of 1969, and came into force, it is amended provision that has to be applied". In view of the law laid down, it was argued that the amendment to section 24 in the year 1974 was brought by way of substitution. Therefore, the amendment relates back to the date of Act and as such, the inheritan

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