Tarkeshwar Nath, J.

1. This appeal by the objectors opposite party is directed against the order of the learned additional Subordinate Judge, holding, on a reference made to him under Sec.18 of the Land Acquisition Act, that respondents Kuer Nonia and Sahoran Nonia were entitled to two third share whereas the appellants were entitled to one third share in the amount of compensation in respect of the lands bearing plot No. 2280 to the extent of .025 acre, plot No. 2279 to the extent of 01 acre and plot No. 2283 to the extent of 03 acre, which were acquired for the construction of a village channel at Bhawalpur in the district of Saran These plots have bigger areas and the first two appertain to khata No. 420 whereas the third one appertains to khata No. 547 It may be stated here that Kuer Nonia (respondent No. 1) died during the pendency of this appeal and his heirs have been substituted on the record of this appeal.

2. The tacts giving rise to this appeal are these; The dispute in this case relates to the amount of compensation which is to be paid to the appellants on the one hand and the respondents on the other These lands, admittedly belonged to three brothers namely Ram