( 1 ) THIS appeal is presented under S. 54 (1) of the Land Acquisition Act against the judgment and award in land acquisition reference under S. 18 and S. 31 (2) of the Land Acquisition Act (the Act for short ).

( 2 ) THE facts of the case in brief are as follows : 3 acres 9 guntas of land in Sy. No. 104 of Ulsoor village was purchased from the then Government of Mysore jointly by one Anjanappa and Puttanarasimha Setty for a consideration of Rs. 15,000/- on 9-6-1947. Prior to the purchase of the said property, for the purpose of purchasing the land, the said two persons had borrowed two sums of money from the appellant on promissory note. The amounts of money borrowed was Rs. 5,500/- and Rs. 7,000/- respectively. After the said purchase, there was an agreement between the said two persons, appellant and a few others on 4-8-1948. According to the said agreement, the land in question was to be converted into sites and sold subject to the condition that the profits realised from the said transaction should be distributed among them by making it into 19 parts and giving 51/2 part out of 19 parts to the appellant. But for some reason or the other, the agreement was not, ac