JAGAN MOHAN REDDY, J.

( 1 ) MR. Jalil Ahmed for the respondent in this appeal, raised a preliminary objection as to the maintainability of this appeal on the ground that since two of the respondents, namely, respondents 5 and 6, died and the appeal has abated against them, the whole of the appeal will abate against all the other respondents.

( 2 ) IN order to understand the significance of this objection, it is necessary to state a few facts. The respondents are the owners of two survey numbers, 34/1 and 34/2, which are makthas or crown grants, known by the names of Mohd. Fiyazi, and Modlam respectively situated in Boinapalli village. In 1924, the then Nizams Government requisitioned the property on behalf of the Indian Army for building a new range for Musketery Practice. The Makiedars made several representations for several years, and ultimately the Government decided to acquire the same under the Hyderabad Land Acquisition Act, in or about 1351 F (1941-42 A. D. ). This decision was implemented by the issue of a notification under Section 5 of the Hyderabad Land Acquisition Act, published in the Gazette No. 26 Part I dated 7-7-1366 F. (1947 A. D. ). The claimants-maktedars submi

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