Anand Byrareddy, J.

1. Heard the counsel for the petitioners and the counsel for the respondents.

2. The facts are as follows:

One Gopalakrishnaiah was the owner of the land in survey No. 65/1 measuring 22 guntas and the land in survey No. 65/2 measuring 26 guntas of Hassan village, Hassan Taluk, Hassan district. It is stated that he had mortgaged the said lands by way of an usufructuary mortgage under a registered deed in favour of one K.S. Subba Rao, the third respondent herein. It is contended that the deceased respondent No. 2 had filed Form No. 7 claiming occupancy rights in respect of the very lands and the Tribunal on an admission by K.S. Subba Rao, the mortgagee in possession, had granted occupancy rights, by order dated 21.1.1977, in favour of the deceased second respondent, who is now represented by his legal representatives. The said order was challenged by the petitioners in a writ petition before this Court in W.P. No. 3582/1977 and the same having been allowed, the order was set at naught. On remand, however, the Tribunal having proceeded to grant occupancy rights in favour of the claimant yet again, the petitioners are before this Court.

3. Shri B.G. Sridharan,