The plaintiff in O.S. No. 32 of 1966 on the file of the Court of District Munsif, Nagapattinam, who lost before the Courts below is the appellant herein.

2. The plaintiff was the owner of the land in T.S.No. 1741. In that land an extent of 1 acre and 1,609 sq. ft. was sought to be acquired by the Government under the provisions of the Land Acquisition Act. From Exhibit B-9, the copy of the award, it appears that the notification under section 4 (1) of the Land Acquisition Act was published in the Fort St. George Gazette, dated 27th March, 1963 and the declaration under section 6 (1) of the Act was published in the Fort St. George Gazette, dated 16th October, 1963. Thereafter, the award was passed on 13th August, 1964. Admittedly, the declaration under section 6(1) of the Act referred to the extent of the land sought to be acquired only as 1 acre and 1,609 sq. ft. and the award also provides for compensation only for that extent of land. The case of the appellant is that when subsequently in October, 1964, he went to the spot, he found that the area enclosed between the boundary stones was actutally 1 acre and 3,240 sq. ft. in excess of the land acquired under the Land Ac