Judgement

Appeal (No. 100 of 1930) from a decree of the High Court (May 3, 1928) varying a decree of the District Judge of Agra (January 16, 1925).

The decrees were made upon a reference to the Court by the Collector of Agra under s. 18 of the Land Acquisition Act, 1894, for determining the amount of compensation which should be paid to the appellant for his property acquired under the Act, together with certain other property.

The facts appear from the judgment of the Judicial Committee. Dau Dayal there mentioned was the owner of a small part of the property acquired other than that belonging to the appellant.

1932. Jan. 21, 22. Dunne K.C. and Narasimham for the appellant.

De Gruyther K.C. and Jardine for the respondent.

Feb. 29. The judgment of their Lordships was delivered by

LORD RUSSELL OF KILLOWEN This appeal is brought from a judgment of the High Court of Judicature at Allahabad relating to the compensation payable to the appellant under or by virtue of the Land Acquisition Act (I. of 1894), which will be referred to as the Act.

The facts require to be stated in some detail for the proper appreciation of the points which are involved.

On July 9, 1923, the land acquisition of