Judgment

RAGHUBAR DAYAL, J. : Civil Appeal No. 635 of 1957 is an appeal, by certificate, and raises the question regarding the effect of the abatement of the appeal, by the State of Punjab, against Labhu Ram, one of the respondents, on the State appeal against Nathu Ram, co-respondent.

2. Civil Appeals Nos. 636 - 641 of 1957 also raise the same question between the same parties.

3. The facts leading to the appeal are that the Punjab Government acquired on lease certain parcels of land belonging to Labhu Ram and Nathu Ram for different military purposes, under the Defence of India Act, 1939 (Act XXXV of 1939). Labhu Ram and Nathu Ram, brothers, refused to accept the compensation offered to them by the Collector and applied to the Punjab Government, through the Collector, under R. 6 of the Punjab Land Acquisition (Defence of India) Rules, 1943, hereinafter called the Rules as amended by the Notification of the Punjab Government No. 1444-HM-44/19124, dated 10th March, 1944, and published in the Punjab Gazette, Part I, dated l7th March, 1944 (Home Department). The State Government referred the matter to an arbitrator as required under R. 10, who, after enquiry, passed an award ordering t