CHANDRASHEKHAR, J. ( 1 ) THIS appeal under S. 54 of the Land Acquisition Act, is from the order of the Civil Judge, Mangalore, enhancing the compensation awarded by the Land Acquisition Officer (Railways) Mangalore, who is the appellant herein. ( 2 ) IN enhancing the compensation the learned Civil Judge has taken into account the price at which another piece of land is stated to have been sold in the same city, i. e. , Mangalore, and in the same year in which the preliminary notification was published in the present case. But the sale deed relied on by the learned Civil Judge, has not been produced in this case nor was the vendor or the purchaser thereunder examined as witness. The learned Civil Judge has also relied on the sale deeds referred to by the Land Acquisition Officer in his award. But those sale deeds were also not produced in Court as exhibits; nor were the respective vendors or the purchasers thereunder examined. In fact, no oral evidence was adduced nor was any document produced and marked as exhibit in the case. ( 3 ) THE learned Civil Judge seems to have proceeded under a mistaken notion that the proceedings before him were in the nature of am appeal from the award made by the Land Acquisition Officer. As pointed out by this Court in Special Land Acquisition Officer. Hallways, Mangalore v. Krishnappa, MFA. 41|19706. on a reference made under S. 18 of the Land Acquisition Act, the Court functions as trial Court or as Court of first instance and the evidence produced by the claimant before the Land Acquisition officer, does not automatically become a part of the evidence before the court; it is only the legal evidence adduced before the Court by the parties that can be taken into consideration and made the basis for the decision of the Court. The erroneous procedure adopted by the learned Civil judge seems to have misled the parties who have not adduced any evidence. ( 4 ) HENCE, we set aside the order of the learned Civil Judge and remand the case to him with a direction to afford an opportunity to the parties to adduce evidence and to dispose of the case in accordance with law. ( 5 ) IN the circumstances of this appeal, we direct the parties to bear their own costs in this Court. ( 5 ) IN the circumstances of this appeal, we direct the parties to bear their own costs in this Court. --- *** --- .