1. This appeal arises out of a reference under the Kerala Land Acquisition Act for apportionment of compensation.

2. The appellant is the first respondent in the lower court. The second respondent in the lower court was impleaded in the appeal as the first respondent. It was represented before me by counsel for the appellant that the first respondent in the appeal died even during the pendency of the proceedings in the lower court and since his legal representatives were not brought on record his name has been struck off from the appeal. The second respondent in the appeal was impleaded as the third respondent in the lower court on the basis of I. A. 1414 of 1967 filed by him.

3. The lower court by the decision under appeal directed the payment of the entire compensation to the second respondent in the appeal. It is that decision of the lower court that is challenged in the appeal.

4. Learned counsel for the appellant raised two contentions. The first is that since the second respondent in the appeal was not a party to the proceedings before the Land Acquisition Officer and since there was no claim made by him before the Land Acquisition Officer, the learned Subordinate Ju