JUDGMENT

SHARMA, J. :— This appeal by special leave has been filed by the defendant in a suit for a decree of perpetual injunction restraining the appellant from interfering with the possession of the plaintiff-respondents over five acres of land in the Bangalore City. The disputed area was acquired for using it as a burial ground in 1927-28 under G.O. No. 4888 and, according to the case of the appellant, compensation was paid out of the Municipal funds and the land has been in its possession since then. According to the plaintiff respondents, the aforementioned G.O. was cancelled and the land was settled with Guttahalli Hanumaiah in 1929 under G.O. No. 3540, which, however, has not been produced in the case. Guttahalli Hanumaiah remained in possession till 1937 when he died. After his death his widow the plaintiff No. 2 came in possession and continued till 1969 when an area of 2.02 acres was sold to the plaintiff No. 1. In 1970 there was an agreement of sale by the plaintiff No. 2 in favour of the plaintiff No. 1 for the sale of the remaining land also for a total sum of Rs. 20,000/- out of which Rs. 10,000/- is said to have been paid. On 8-8-1973 the plaintiff got his name enter