Alfred Henry Lionel Leach, C.J.

1. The appellant in these appeals is a ryot cultivating ryotwari land in the village of Kowali which is in the West Godavari district. In 1935 a small part of his holding, to be exact five cents of an acre, was acquired by the Provincial Government for the purpose of the construction of a water channel which was required for the irrigation of three holdings of ryotwari land cultivated by other persons in the same village. The compensation" awarded was Rs. 77-10-0. The. appeals arise out of a suit which the appellant filed in the Court of the District Munsiff of Ellore for a declaration that the acquisition was illegal on the ground that the land was not required for a public purpose. It was further stated that as the Government had on-ly contributed one anna to the compensation awarded the proviso to Section 6(1) of the Land Acquisition Acit had not been complied with. The Distirct Munsiff dismissed the suit. He held that it was not open to theplaintiff to go behind the declaration issued under section-6 (1) of the Land Aqquisition Act and that the proviso to Section 6(1) had not been infringed but he directed that the parties should bear thei