Judgement

Appeal (No. 98 of 1928) from a decree of the High Court (August 3, 1926) varying a decree of the Land Acquisition Judge of 24 Parganas.

An award under the Land Acquisition Act, 1894, having been made in respect of land of which the appellant was owner, he applied for and obtained a reference to the Court under s. 18, sub-s.1, of the Act. The only question arising upon the appeal was whether upon that reference the appellant could object to the measurement of the land stated in the award. The appellant by his written application prayed for a reference "for determination of proper com pensation and valuation for the lands acquired."

The High Court, affirming on this point the decision of the Land Acquisition Judge, held that the inquiry was confined to the particular objection raised by the appellant upon his application for the reference.

B. B. Ghose J. (with whose judgment Cammiade J. agreed), after referring to cases in other High Courts in which a different view had been taken, said that the Court was bound by its own decisions in Abu Bakar v. Peary Mohan Mukherji (( 1907) I. L. R. 34 C. 451.) and British

Law. Rep. 57 Ind. App. 100 ( 1929- 1930)

Pramatha Nath Mullick v.