( 1 ) THIS Civil revision u/s. 115 of CPC. arises from the order passed by the District Judge, Chitradurga, dated 28-9-1993 in Misc. Case No. 31/90 in proceedings u/s. 16 (3) of Indian Telegraph Act, 1885, hereinafter referred to as Act No. 13/1885.

( 2 ) ). The facts of the case in the nut shell are that the petitioner has been the owner in possession of land comprised in Sy. Nos. 160/2, 159/2, 31/1, 158/2 and 23/1c measuring about ten acres in total at. T. Nagenahalli, Hiriyur Taluk, Chitradurga District. Petitioner on his land had grown Coconut Trees, Tamarind Trees, Neem Trees etc. , all were fruit bearing trees. During December, 1989, the respondents with a view to lay 220 KV transmission line between Hiriyur and Gowribidanur passing through the said lands of the petitioner, issued notice dated 2-12-1989 and thereafter cut and removed 48 fruit bearing coconut trees, 4 tamarind trees, 8 Neem trees and according to the petitioner certain other trees in all 64 trees. The case of the Revision Petitioner is that on 27-1-1990, the respondents paid to the Revision Petitioner a sum of Rs. 20,344/- as per the Schedule of rates fixed by them vide G. O. No. KEB/319/7654/