CAV JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S. HEMALEKHA)

The regular first appeals arise from the judgment and decree dated 23.07.2010 passed in OS No.7/2008 by the Civil Judge (Sr. Dn.) and JMFC, Soraba, (hereinafter referred to as ‘trial Court’ for short), whereby the plaintiff’s suit seeking compensation and alternatively for declaration of ownership and possession over the suit schedule property was decreed.

2. RFA 137/2011 is preferred by the State- (defendants No.1 to 3) and RFA 406/2011 is preferred by defendant No.4, the Town Municipal Council, Shikaripura, (TMC for short).

3. On 01.03.1941 TMC passed a resolution to form and distribute sites in Sy.No.6. On 08.08.1941 TMC passed a resolution to acquire Sy. No.6 (suit properties are shown as Sy. Nos.6/1 and 6/2). On 30.12.1941 TMC passed a resolution and resolved that Rs.2,106/- must be deposited for the land acquisition as per LA C:10/41-42. On 11.10.1945, a final notification was issued by the State under Section 6 (1) of the Land Acquisition Act, 1894 (‘ LA Act’ for short). Chittur Siddappa’s sons i.e., Honnappa and Siddabasappa effected oral partition on 24.09.1934. The oral partition was reduced in writing on 15.02.1949. Unde