( 1 ) THIS is an application under Section 115 of the Code of Civil Procedure preferred by one of the claimant petitioners in an apportionment case started before the Calcutta Improvement Tribunal a connection with acquisition of certain plots and the consequential award made thereon by the Collector.

( 2 ) WHAT happened was that the opposite parties made an application for reference after the award was made under Section 18 of the Land Acquisition Act (Act I of 1894) for apportionment of the award made in favour of the present petitioner although no award was made in their favour. Their claim was that they are entitled to 39/64th share in the acquired plots and at least a sum of Rs. 15,000/- out of the total compensation should have been awarded by the Collector in their favour. This application, it appears, under Section 18, was followed by another application by the same petitioners-claimants for withdrawal of the application for reference. What the Collector did was that he transmitted both the applications under Section 18 as also application for withdrawal of that petition for reference on question of apportionment to the Tribunal and after deducting a sum o