Odgers, J.

1. This was a suit by two inhabitants of Thidavoor, Athur taluq, Salem District, against the Secretary of State for a declaration that certain notifications and subsequent proceedings taken by the Government officials under the Land Acquisition Act are illegal and ultra vires. The plaintiffs are the owners of the property in question which was acquired for the purpose of forming a road by a Government notification, dated 14th September 1918. The learned District Munsif dismissed the suit. On appeal to the learned Judge the same result was reached. It appears that the cost of the road was defrayed by private contributions and that the Government added the sum of one anna from public revenue. When the second appeal first came on before Mr. Justice Viswanatha Sastri and myself, we found that a similar discussion as to whether the provisions of Section 6, Clause (1) had been complied with was under discussion in Ponnia v. Secretary of State A. I. R. 1926 Mad. 1099 before Spencer and Ramesam, JJ. We therefore deferred our decision on the question, but sent the case down for a finding as to how the contributions were deposited by the ryots in order that we might discove