"15. Apart from this, it is wrong on the part of the respon-dent no. 1 to say that his father, even if he had been alive, would not have been granted occupancy rights because the lands at that time were cultivated by the tenants. For grant of occupancy rights, personal cultivation is just one condition. The other con-ditions include that if a person is managing the properties, which his father was doing, would also be entitled to the grant of occu-pancy rights. We are, therefore, clearly of the view that the re-spondent no. 1 was made archak after the death of his father because he was the eldest member of the family. Being the archak, he cultivated the lands and obtained occupancy rights. In such circumstances, it would be highly unjust to deprive the other members of the family from getting their share in Sched-ule 'C' properties by relying only on Section 6A. Therefore, we are also of the opinion that the granted lands are also available for partition. In our view, grant of occupancy to one member will not disentitle the other members. This principle can also be found in the case of Appi Belchadthi & Ors. vs. Sheshi Belchadthi & Ors. (1982) 2 Karnataka Law Journal 565."
