ORDER

This appeal by special leave arises from the judgment of the Division Bench of the Patna High Court made in Appeal from Original Decree No. 220 and 221 of 1957 dated September 21, 1976. The only question that arises in this appeal is : whether one of the co-sharers can claim enhancement of the compensation without seeking reference under Section 18 of the Land Acquisition Act, 1894 (1 of 1894) (for short, the Act ) in a reference at the instance of one of the co-sharers.

2. The admitted facts are that 25 acres of land being a portion of Plot No. 400 of Khata No. 92 in village Behea in Shahbad District (renamed Bhojpur) was acquired under Section 4(1) of the Act for public purpose. Publication of the notification under Section 4(1) was made on September 14, 1957. In the enquiry under Section 11 made by the Land Acquisition Officer the appellant had laid her claim for 1/4th share of the compensation along with other co-owners. It is also found as a fact that in the award made by the Collector, he apportioned the compensation into 1/4th share to each of the co-owners and the compensation was received by the respective parties, one of the co-owners sought for reference to the Civi