JUDGMENT

1. This is an appeal against a decree of Babu Annada Churn Sen, Land Acquisition Judge of Balasore, dated the 23rd February 1904. The decree was passed on a reference made by the Land Acquisition Deputy Collector of Balasore under sec. 18 of Act I of 1894 for the purpose Of determining the amount of compensation to be paid to the claimants of certain fishery rights on the foreshore of the Proof Range at Chandipur acquired by Government for a public purpose by notification No. 1150 L.R. of the 3rd March 1903, published at page 292, Part I of the Calcutta Gazette of the 4th March 1903. The fisheries are 11 in number.

2. The only question contested in the Court of first instance seems to have been the question of compensation. The Land Acquisition Judge allowed Rs. 1,565-5-3 for the fisheries in Taluk Majhibala, Rs. 4,463-2 for the fisheries in Taluk Joydeb, and Rs. 881-13-8 for the fisheries in Taluk Padmapur, that is, sums considerably in excess of the compensation awarded by the Deputy Collector.

3. The claimants were not satisfied and appealed to this Court, complaining that certain evidence had been excluded by the 1st Court. The Court by its decree of the 2nd January 1907,