( 1 ) THE learned Single Judge of this Court while setting aside the order of the Land Tribunal, rejected the Form 7 filed by the appellant, which order was upheld by a Division Bench of this Court in appeal. Appellant challenged the said order before the Supreme Court in Civil Appeal No. 5 of 2001 and the judgment in the writ appeal came to be set aside and the matter was remitted to this Court with a direction to restore to its file Writ Appeal No. 7109 of 1999 and to dispose of the case afresh after considering the two crucial aspects, viz. : (I) Whether a tenancy had been created by Shivawwa in favour of the appellant and the entries in the record of rights (referred to above) could be taken as proof thereof; and (II) If there was any tenancy whether that would survive the death of Shivawwa, particularly in view of the admitted position that after gift deed was created by Shivawwa in the year 1961 she had only a limited interest in the property.

( 2 ) IN order to answer the aforesaid aspects it is necessary to have a look at the facts. 2. 1 One Gerappa Kamagouda was the owner of the lands in question. Second respondent-Shivawwa was his legally wedded wife. They had no issues. Gerappa died intestate and issueless. Therefore, Shivawwa after the death of Gerappa executed a registered gift deed dated 17-1-1961 in favour of the first respondent in this appeal, Bhimappa Satyappa Kamagouda who is none other than the son of Gerappa's elder brother. Under the terms of the gift deed ownership rights were transferred to first respondent, whereas Shivawwa retained the right to enjoy the possession of the land in question towards her maintenance. It appears thereafter at the instance of her brothers Shivawwa filed a suit O. S. No. 275 of 1961 challenging the said gift deed on the ground that it was obtained by fraud and misrepresentation. The said suit after contest came to be dismissed on 10-10-1963. Shivawwa preferred an appeal R. A. No. 789 of 1965 which also came to be dismissed. Against the said judgment and decree, Shivawwa preferred a second appeal in R. S. A. No. 28 of 1968 which also came to be dismissed on 16-11-1971 affirming the judgment and decree of the Courts below. In the original suit, Shivawwa and the deceased appellant were examined as witnesses. The deceased appellant in categorical terms has admitted that he has attested the gift deed as a witness. Further, he has stated that he is enjoying the land in question. In the entire proceedings there is no whisper about any lease of the land in question by Shivawwa in favour of the deceased appellant. It is also stated the deceased Shivawwa and the deceased appellant jointly gave a vardhi and got the name of the deceased appellant mutated in the revenue records. All these facts are undisputed and borne out from the records. 2. 2 It is only when the suit filed by Shivawwa was concluded by disposal of the regular second appeal in the year 1971 taking advantage of the provisions of the Karnataka Land Reforms Act (hereinafter for short called "the Act"), on 17-8-1974 an application under Section 48-A (l) was filed by the deceased appellant for conferring occupancy rights in his favour. It is pertinent to mention here in the said Form 7 he has shown shivawwa as the landlord/owner. He stated in the said application that he has been cultivating the land as a tenant for many years. Deliberately the first respondent was not made a party in the said proceedings. However, on coming to know of such an application the first respondent appeared before the Land Reforms Tribunal and opposed the said application. After contest the said application was rejected by the Land Reforms tribunal by its order dated 2-7-1976 in Case No. KLR SR 8537/74. Aggrieved by the said order, the appellant preferred a writ petition before this Court in W. P. No. 7085 of 1976 which also came to be dismissed holding that there is no relationship of landlord and tenant between the parties. In the wr