S.N.P.Singh, J.

1. This appeal under Clause 10 of the Letters Patent is directed against the judgment of the learned single Judge passed in First Appeal No. 62 of 1960. The first appeal arose out of a reference under Sec.18 of the Land Acquisition Act.

2. One Ganga Sah had married twice. By his first wife he had two sons, namely, Ram Shankar Sah, the respondent, and one Ramjas Sah, who died issueless. Appellant Lachhia Sahuain was the second wife of Ganga Sah and she has a son named Bhagwan Das. During his lifetime Ganga Sah executed a registered deed (Exhibit 1) dated the 18th of August, 1939, which has been described as a Bantan Nama. By the said deed Ganga Sah distributed his properties amongst his sons and his second wife appellant Lachhia Sahuain. It appears that 0.80 acres of land in village Jhajhapara, which had been allotted to Lachhia Sahuain by Exhibit 1, was acquired by the Government for the construction of Dumka Suri Division Road. Ram Shankar Sah filed an objection to the effect that the compensation awarded for the acquisition of 0.80 acres of land should not be paid to Lachhia Sahuain as she was a limited owner.

Accordingly a reference was made under Sec.18