JUDGMENT

V.G. Oak, J. - This appeal arises out of a reference under Section 18, Land Acquisition Act (hereafter referred to as the Act). A certain plot was acquired by Government under the Act. Rewa Shankar appellant was the proprietor of the plot. Smt. Boyce filed an objection on the ground that she was the permanent lessee of the land. The Land Acquisition Officer rejected her claim, and decided that she was not entitled to any compensation. She applied for a reference to Court under Section 18 of the Act. The learned District Judge of Jhansi accepted the reference, and held that Smt. Boyce was the lessee of the therefore; entitled to apportionment. Rewa Shanker appeals against that judgment of the learned District dated 22-10-1951.

2. Mr. S N. Verma, appearing for the appellant, has urged before me that the reference under Section 18 of the Act was incompetent, because there was no award under the Act. In order to decide whether this contention is well founded, it is necessary to examine the relevant provisions of the Act.

Sec. 11 of the Act provides for enquiry and award by the Collector. Section II states:

"On the day so fixed ..... the Collector shall proceed to enquire into the objections .... . and shall make an award under his hand of

(i) the true area of the land,

(ii) the compensation which in his opinion should be allowed for the land; and

(iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him."

Section 18 of the Act provides for reference to Court. Sub-Sec. (1) of Section 18 states:

"Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement if the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested."

3. It will be seen that a reference under Section 18 will be justified only 11 there is in existence an award by the Collector. There cannot be any reference under Section 18 without an award under Section 11 by the Collector. It may be pointed out that an award issued under Section 11 should dispose of three matters (i) area of the land, (ii) total compensation, and (iii) apportionment of the total compensation. Mr. S. N. Verma, contended that in the instant case there is no award, as contemplated by Section 11 of the Act. On page 14 of the paper-book I find one document, which has been described as an award. That order is dated 13-9-1948. After referring' to the cases of the parties, the decision dated 13-9-1948 concluded thus :

"Thus from the above it will appear that Shrimati Endulji Boyce has no claim as a permanent lessee to plot No. 298, and so is not entitled to any compensation. Pt. Rewa Shankar as owner is entitled to full compensation of the plot in question."

4. It will be seen that that order dated 13-9-1948 passed by the Land Acquisition Officer did not decide the basic question of total compensation to be awarded on account of acquisition of the plot. The sole point decided on 13-9-1948 was that Smt. Boyce was not a permanent lessee, and should not, therefore, get any share in the compensation money. That is not an award as contemplated by Section 11 of the Act. The main object of Section 11 is to determine the total compensation to be awarded. In the decision dated 13-9-1948 there is no finding as regards the total compensation to be allowed to the proprietor. So the order dated 13-9-1948 cannot be considered to be an award under Section 11 of the Act.

5. In Prag Narain v. Collector of Agra, A.I.R. 1932 P.C. 102, their Lordships of the Privy Council explained that an award should contain within its four corners the fixing of the value of the land with which it deals, and the appor