MISRA, J.

( 1 ) THE present appeal is against the decision of the learned Single Judge of this court confirming the order of the Arbitrator, Hirakud Land Orgarisation, sambalpur, rejecting the objection of the appellant in a land acquisition proceeding.

( 2 ) THE Respondent and the Appellant are two brothers, the former being the elder. They had about 10 acres of land in village Dhulunda in Sambalpur district. It was admittedly their ancestral joint family property. While they were in joint family status, some years prior to 1936 the appellant shifted to a village named Chalta under Surguja zamindary in Madhya Pradesh, where he had been married. After the appellant's shifting to Chalta, the respondent alone continued to be in possession and enjoyment of the joint family properties at Dhulunda. According to respondent's case, in 1936 partition took place between the two brothers, and in the said partition the lands at Dhulunda were allotted to the respondent and the lands at Chalta were allotted to the appellant. The respondent remained in sole possession of the Dhulunda land. Meanwhile 1. 81 acres of land in dhulunda village was acquired by the State Government under the Hirakud