ORDER

One Ishwar Dutta was the owner of the property. He died leaving behind three sons- Mahadeo, Hira and Mahabir, Mahabir died issueless. His interest in the property, therefore, vested in Mahadeo and Mewa (son of Hira) who predeceased him. Mewa died in 1921-22 leaving behind a son Damoder, Koleshra Devi was the widow of Damodar whose exact date of death is not known but he is said to have expired sometime after 1932.

2. The plaintiffs herein are heirs of Ram Layak - one of the sons of Mahadeo whereas the respondents herein are heirs of Raja, another son of Mahadeo.

3. The properties in question bearing plot Nos. 901, 902 and 907 were acquired under the provisions of the Land Acquisition Act. The properties were mutated in the name of Damoder.

4. The amount of compensation was paid to respondent - Mona Devi.

5. The appellants herein filed an application under Section 30 of the Land Acquisition Act before the Collector whereupon a reference was made. One of the issues which fell for consideration before the Reference Judge under the Land Acquisition Act was as to whether the deed of gift executed by Koleshra Devi in respect of her half share of plot No. 901, full share of plot No. 902