Venkatachala, J.—This appeal under Section 54 of the Land Acquisition Act, 1894 ("the Act") arises out of and is directed against the award and decree dated 31-10-1980 made in L.A.C.No. 110/1976 by the Court of Principal Civil Judge, Dharwad ("the Reference Court") in a reference brought before It under Section 18 of the Act.

2. Facts giving rise to this appeal are briefly these:

11 acres 30 perguntas of agricultural land comprised In R.S.No. 15 of Dharwad was shown In the Master Plan of Dharwad prepared in the year 1946 as the area earmarked for the establishment of a cattle market. In the year 1964, the Municipal Borough of Dharwad, as it then was, initiated proceedings for acquisition of that land for the establishment of a cattle market in Dharwad. But, the acquisition proceedings so initiated were quashed by this Court on 26-5-1972 in a Writ Petition filed by the owner or the land. However, within a few months thereafter, the owner of the said land, Sanjiv Venkatarao Malapur ("S.V. Malapur"), agreed to sell it along with his adjoining land for Rs. 3,11,000/-to one Purushotham Pandit Kher ("P.P. Kher"), who wanted to get the lands converted from agriculture to non-agricul