B.V. Nagarathna, J.

1. The defendant in O.S. No. 58 of 2003 has preferred this second appeal, assailing the judgment and decree passed in R.A. No. 12 of 2007, dated 10-9-2009 by the Additional District Judge, Chikmagalur, by which, the judgment and decree passed in O.S. No. 58 of 2003, dated 6-2-2007 by the Civil Judge (Senior Division) and Judicial Magistrate First Class, Kadur, has been confirmed by decreeing the suit.

2. For the sake of convenience, the parties shall be referred to, in terms of their status before the Trial Court.

3. Respondent No. 1 is the plaintiff, who filed the suit seeking the relief of declaration that he is the absolute owner of the suit schedule property and is in possession and enjoyment of the same and for consequential relief of permanent injunction restraining the defendants, their henchmen, representatives, agents, etc., from interfering with the peaceful possession and enjoyment of the property.

4. It is the case of the plaintiff that the suit property measures 60 feet x 40 feet (appropriately 75 feet x 40 feet), out of which, an extent measuring 15 feet was acquired on the western side for formation of a road bearing Municipal Asst. No. 3980 (old Survey No. 139/1-A-l measuring appropriately 2% guntas). The suit property is more fully described in the schedule to the plaint. According to the plaintiff, the suit property was purchased by B.K. Vasudevachar under registered sale deed dated 26-5-1959 from one Kenganna and he was put in possession of the said property on the same date. Thereafter, B.K. Vasudevachar got his name entered in the revenue records. The plaintiff has stated that he is the adopted son of B.K. Vasudevachar, retired Headmaster, Kadur. The suit property was a part of agricultural land in Survey No. 139 of Kadur Village, Kasaba Hobli, Kadur Taluk, and the Tahsildar of Kadur had accepted the transfer and ordered to mutate his name in the revenue entries under mutation Register No. 123/86-87 on 28-1-1987. The suit property was not in a developed area and there were no houses in the vicinity. The name of B.K. Vasudevachar came to be entered in the R.T.C. extract by virtue of the mutation entries and the revenue was also fixed by the Tahsildar. He has also paid taxes to the Revenue Authorities. After the entry of the name of B.K. Vasudevachar in the revenue records and particularly in the khatha, an application was made to the Tahsildar, Kadur, Town Planning Authority, Chikmagalur and the erstwhile Administrator of Town Municipality, Kadur, to convert the revenue site into residential site in order to put up construction of a house thereon. The Revenue Inspector submitted a report and after spot inspection, conversion permission was granted on 6-7-1989. Thereafter, in the Register maintained by T.M.C., the name of plaintiff's father, B.K. Vasudevachar was entered as khatedar by giving Asst. No. 3980.

5. In the year 1973-74, the Assistant Commissioner, Tarikere, commenced acquisition proceedings for the purpose of formation of house sites and the suit schedule property was also notified. The acquisition notifications were published in the Gazette under the provisions of the Land Acquisition Act, 1894. Thereafter, an award was passed in the name of B.K. Vasudevachar for payment of compensation. Title documents in respect of suit property were submitted and the award amount was also received by B.K. Vasudevachar towards compensation for acquisition of the suit property. However later, in the year 1986, the State Government decided to drop the acquisition insofar as Survey No. 139 was concerned. B.K. Vasudevachar was directed to remit back the compensation already received by him and he remitted back the amount on 11-8-1986 and the revenue site in Survey No. 139 was restored in the name of B.K. Vasudevachar as per the notice and endorsement issued by the Assistant Commissioner and Land Acquisition Officer on 11-8-1986. At that stage, the title was scrutinised and possession was r