JUDGMENT

1. This is an appeal against an order or decree of the District Judge of Saharanpur awarding to the appellants 22/40 and to the respondent Mrs. Powell 28/40 of the sum of Rs. 7,768-8 awarded by the Superintendent of Dehra Dun as compensation for certain land taken up under the Land Acquisition Act for public purposes. It is not now disputed that Rs. 7,768-8 represent the fair value of the property taken up, and the only question for decision now is how this sum should be divided between the appellants and the respondent Mrs. Powell. The Superintendent proposed to award to the appellants the whole of the above sum except Rs. 144 which he considered to be the value of Mrs. Powell's interests in the land. She objected to this and the Superintendent referred the matter to the District Judge. Mrs. Powell's case was that she was virtually the zemindir of the land and that the appellants were only nominally zemindars and were entitled at best to cmpensation calculated on the amount of rent paid by her to them. That rent was Rs. 12 per annum, and her suggestion was that the zemindars should be awarded Rs. 144 only. The reference by the Superintendent was made to the District Judge