RAJENDRA NATH MITTAL, J.

1. This is a revision petition by the defendant against the order of the Subordinate Judge IIIrd Class, Ambala City, dated 25th February, 1982

2. Briefly, the case of the plaintiff is that the defendant was his real brother. They had joint land in Patti Mehar. In 1977, the parties partitioned the joint holding by way of family settlement and mutation of partition was duly sanctioned by the Revenue Officer on 3rd January. 1978. In the partition proceedings, Khasra No. 860 was divided into three parts and the plaintiff was allotted Khasra No. 860/3, measuring 10 Marlas. The State of Haryana acquired land measuring 1.69 acres under the Land Acquisition Act (hereinafter called the Act) for a public purpose, which included the land in dispute. It, however, did not give any notice under Section 9 of the Act, nor it gave any notice after announcement of the award to the plaintiff. He, therefore, it is alleged, remained under an impression that the said Khasra number had not been acquired. The defendant came to know about the acquisition and he withdrew the sum of 1955/- awarded as the amount of compensation concealing the factum of partition between the pa