1. This Regular First Appeal is preferred by defendant Nos.22 to 24, 26, 27, 30 to 39 challenging the judgment and decree passed by the trial Court on 24.01.2008 in O.S. No. 9155/2004, decreeing the suit of the plaintiff, declaring that the plaintiff is the absolute owner of the 'B' schedule property and directing defendant Nos.22 to 39 to deliver the possession of the suit schedule property to the plaintiff.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

3. The subject - matter of the suit is part and parcel of the land with power house, generator room and watchman shed in Sy.Nos.2/2, 2/3, 2/4 and 2/5 forming composite blocks measuring 1 acre 25 guntas, 25 guntas, 24 guntas and 11 guntas in all 3 acres 5 guntas situate at Byrasandra Uttarahalli Hobli, Bengaluru South Taluk which is more particularly described in the schedule to the plaint as schedule 'B' and hereinafter referred to as the 'schedule property'

4. The plaintiff is National Institute of Mental Health and Neuroscience (deemed university), a society registered under the Karnataka Societies Registration Act, 1960. The Management of the Society vests with the body known as NIMHANS. The Society is funded, financed and controlled by the Central Government as well as the Karnataka State Government. The Society is also recognized as a Deemed University. The main object of the Society is to promote through academic and professional endeavour, growth and development of mental health and neuroscience and allied subjects in consonance with global trends and developments in the field. The plaintiff - institute has been functioning and carrying on its activities in vast area of land situated in Lakkasandra, Byrasandra, Bengaluru. The Society i.e. National Institute of Mental Health and Neuroscience situated in Bengaluru was established in the year 1974. The State of Karnataka realizing the need of the plaintiff - institute for expanding its activities agreed to allot an extent of 14 acres of land in the year 1981.

5. The said land allotted to the plaintiff - institute is more fully described in the plaint as 'A' schedule property. The order of allotment of land in favour of the plaintiff - institute is produced along with the plaint. The suit pertains to a portion of 'A' schedule property measuring about 3.05 acres which is described in the schedule 'B' property, the schedule property. A sketch showing 'A' schedule property including 'B' schedule property is enclosed to the plaint.

6. During the year 1944, the Government of His Highness Maharaja of Mysore proposed to acquire about 32 acres of land for public purpose namely Tuberculosis Sanitarium. In view of the urgency of the matter, the Government also decided to invoke most emergency provision relating to land acquisition. The preliminary notification dated 29.09.1944 followed by the final notification dated 29.09.1944 was issued and the same were published in the Gazette dated 26.10.1944. The notifications dispensed with the requirement of enquiry under S.5(A) of the Land Acquisition Act. The Deputy Commissioner, Bengaluru District was appointed as Sub- Division Officer to exercise the powers under S.4(2) and S.17(4) of the Land Acquisition Act. The lands covered by the preliminary and the final notifications included plaint 'A' schedule property comprising of plaint 'B' schedule property also.

7. Pursuant to the notifications issued, the Deputy Commissioner Bengaluru District took possession of the entire lands covered by the notifications. The title in the said lands vested in the State Government free from all encumbrances. The right, title and interest of any person if any, in the plaint 'A' schedule property stood extinguished and the State Government became the absolute owner of the entire 'A' schedule property. The Government passed an award to pay compensation to the interested persons. Four of the claimants namely 1) V.N.Muniyamma 2) Chikkamma 3)Krishnamurthy