( 1 ) THIS first appeal is directed against the judgment and decree passed by the learned Judge, Land Acquisition Tribunal, Additional district Judge, 1st Court, Howrah in L. A. Case No. 19 of 1968 thereby allowing the L. A. Misc. Case No. 19 of 1968 filed by respondent No. 1. Being aggrieved by, and dissatisfied with, the judgment and decree passed by the learned L. A. Judge the O. P. No. 1 as appellant has preferred the instant appeal.

( 2 ) THE reference case arose out of an application under section 18 of the land Acquisition Act (hereinafter called L. A. Act), 1894 filed by the plaintiff respondent alleging that the petitioners and their co-sharers are entitled to receive compensation in respect of plot No. 2052 of Mouza Duillya known as duilya Garden South Paddy Land within P. S. Sankrail, and for declaration that compensation has been wrongly awarded in favour of the defendant appellant. It was also alleged in the said reference petition that defendant appellant Jiten Chalki had never any right, title and interest in the said plot no. 2052. In the petition of reference, the valuation made by the L. A. Collector was challenged and the petitioners laid claim