A. GOPAL REDDY, J.

This appeal under Section 54 of the Land Acquisition Act, 1894 (for shot “the Act”) is directed against the judgment and decree dated 11-10-2001 passed by the Senior Civil Judge, Bapatla in L.A.O.P.No. 5 of 1999 answering the reference under Section 31(C) of the Act holding that the claimants 1 to 5 together are entitled to half share and claimants 6 and 7 together entitled to the remaining half share in the compensation of the acquired lands.

The fact in nutshell are as under: An extent of Ac. 5.83 cts. of land in Sy.No.49-3A of Palaparru village in Pedanandipadu Mandal was acquired for improvement of Vogero drain by publishing the substance of the notification under Section 4(1) of the Act in A.P. Gazette dated 20-02-1988. In view of dispute among the heirs of Peda Subbamma, owner of the land, the LAO referred the matter to the Civil Court under Section 30 of the Act to decide the entitlement of amount of compensation awarded.

On reference being made to the civil Court, the appellants/claimants 1 to 5 filed claim statements stating that originally the land belongs to Peda Subbamma; on her death the property was devolved upon her daughter, Tella Venkayamma, who had two sons, namely, Koteswara Rao and Kasuri Narayana. Koteswara Rao is the 1st claimant and claimants 2 to 5 are his sons. Kasuri Narayana and his son, Venkaiah are claimants 6 and 7. In the partition, claimants 1 to 5 are entitled to Ac.13.20 cts., whereas claimants 6 and 7 are entitled to an extent of Ac. 4.25 cts. Out of 17.45 cts. Owned by Tella Venkayamma. Out of Ac.4.25 cts., the 6th claimant is entitled to Ac. 1.35 cts. and his son –7th Claimant is entitled to Ac.2.9. cts. In Sy.No.49/3 of Palaparru. Pattadar passbooks to the said extent were also issued in favour of 7th claimant, who availed loan from Cooperative Society of Pedanandipadu on giving security of Ac.2.90 cts. fell to his share. In the oral partition between the claimants 1 to 5 interse, the 1st claimant was allotted Ac.6.00 cts., Claimants, 2 to 5 were allotted Ac. 1.18 cts. Out of Ac.13.20 cts. After the oral partition, partition list was prepared on 15-01-1981, which was attested by 6th claimant, admitting title and possession of the Claimants 1 to 5 in the respect of the properties covered by partition. Ever since the date of partition, the claimants are in possession and enjoyment of the properties. Pattadar pass books were also issued in their favour showing in respect of shares fallen to their share. The acquired property is the absolute property of claimants 2 to 5 and they are entitled to 1/4th share in the total compensation of Rs.4,97,047/-which is deposited to the credit of O.P. The 1st claimant has no objection for payment of the amount to the claimants 2 to 5. Alternatively, it was pleaded that Tella Venkayamma executed a registered will deed on 21-04-1982 while she was in sound and disposing statement of mind bequeathing an extent of Ac.13.20 cts. In Sy.No.49/3 to the 1st claimant and Ac.4.25cts. in the same survey number to the 6th claimant, who has figured as attester and identifying witness in the said will. On the death of Venkayamma on 31-12-1999 the compensation has to be paid to the claimants 2 to 5.

Claimants 6 and 7 filed a separate claim statement alleging that the acquired land and along with other land in Sy.No.49/3 belongs to Tella Venkayamma, who is the mother of claimants 1 and 6. As per her direction, her sons divided the entire land into equal shares and each of them is in separate possessions and enjoyment of their respective shares. Since the entire land in Sy.No.49/3 belongs to Venkayamma, possession of land by their sons has to be considered as permissive. Therefore, with the consent of Venkayamma, her sons are entitled to half share each in the land acquired and the compensation deposited to the credit of O.P. The partition pleaded by claimants 1 to 5 is not true and Pattadar passbooks and title deeds are obtained by fraud. When V