Koman, J.

1. The appellant was the owner of a premises in Ward No. 7 of the Goimbatore Municipality. The premises consisted of a house in the occupation of tenants. This property was acquired by Government under the Land Acquisition Act (Act No. I of 1894). At the appellants request, a reference was made under Section 18 of the Act by the Collector to the Court of the Subordinate Judge of Coimbatore. The learned Subordinate Judge held that the application for a reference made by the appellant under Section 18 of the Act was not made within the time prescribed in the proviso to that section and that therefore the reference was barred by limitation. The learned Judge also held that on the basis of the materials placed before him the appellant had been awarded by the Land Acquisition Officer a fair and equitable price.

2. It is argued on behalf of the appellant that the finding by the learned Subordinate Judge on the question of limitation is not correct and that the Sub-Judge had no power to go into the question of limitation. In this case, the award was passed on 12th March, 1941, and notice of the award under Section 12(2) was served on the claimant on 29th March, 1941, by af