RAMACHANDRA IYER, C. J. :- The substantial question that arises for consideration in this civil revision petition relates to its maintainability. The order sought to be revised is one that rejected a reference made to the court under S. 18 and S. 31 of the Land Acquisition Act, on the ground that the amount of compensation had already been paid out to one of the claimants. If an appeal were to be against such an order, the present civil revision petition, which is filed under S. 115 C.P.C. will be incompetent

2. Before proceeding further with the consideration of the question, we shall set out briefly the facts that have given rise to it.

3. Two items of land, R. S. Nos. 1403 and 1404/2, lying in Vanniya Teynampet in Malapore area, were acquired by the Government for providing quarters for the staff of the Posts and Telegraphs Department. The notification under S. 4(1) of the Land Acquisition Act is dated 18-04-1956. The owner of the properly was one Doraiswami Mudaliar, who is the second respondent to this petition. He applied for payment out of the entire compensation for the two survey numbers. It appears however that even earlier, in execution of a mortgage decree obtain