V. GOPALA GOWDA, J. ( 1 ) THESE appeals are filed by the claimants against the common judgment and decree passed by the first Appellate Court dismissing their first appeal seeking enhancement of compensation awarded by the Reference Court. ( 2 ) THE Reference Court awarded compensation at the rate of Rs. 24. 700/- per acre to the dry lands even though as per the sale deeds, Exs. P. 23 and P. 24 which were proved by P. W. 5-Masti Gowda and P. W. 6-Krishne Gowda it was Rs. 41,140/- per acre. The amount was reduced by 1/4th on the ground that the sale consideration under those sale deeds represent higher consideration. When the Reference Court acted on the basis of the said sale deeds, in the light of the evidence adduced by P. Ws. 5 and 6, it ought not to have deducted 1/4th amount. The roference Court committed a gross error by awarding lesser compensation by deducting l/4th amount on erroneous assumption. Hence, the judgment and award of the Reference Court was bad in law. ( 3 ) IN the first appeal preferred against the judgment and award of the Reference Court, the first Appellate Court in paragraph 13 of its judgment has held as under. "13. In the instant case it is true that the learned Civil Judge juts wrongly deducted 1/4th of the market value on the ground that they represent higher sum. for the reason that the P. Ws. 5 and 6 happen to be adjoining holders of the lands of P. Ws. 5 and 6. In this regard, as rightly contended on behalf of the appellants, there were no evidence at all from the side of the respondent-Government so as to say that higher sum has been paid by P. Ws. 5 and 6 since those lands happen to be adjoining lands much less there is any suggestion to both these witnesses that they have paid higher sum on account of the fact that they are adjoining holders of those Exs. P. 23 and 27". (emphasis supplied) in spite of holding that the Reference Court has wrongly deducted l/4th amount, the first Appellate Court nevertheless dismissed the appeals without rectifying the said mistake. Despite P. Ws. 5 and 6 spoke to the sale deeds for having paid the sale consideration mentioned therein, the first Appellate Court further committed an error by observing as under. (emphasis supplied) in spite of holding that the Reference Court has wrongly deducted l/4th amount, the first Appellate Court nevertheless dismissed the appeals without rectifying the said mistake. Despite P. Ws. 5 and 6 spoke to the sale deeds for having paid the sale consideration mentioned therein, the first Appellate Court further committed an error by observing as under. "it is a matter of fact to be proved by legal evidence only. If, in the absence of legal evidence certain inferences are drawn, unless it is a fact in respect of which judicial notice can be taken by the court, such inference will have to be construed as one which has been arrived at by surmise and conjectures, basing on which no judgment can be rendered by the Courts of law". From a plain reading of the above portion, it is crystal-clear that the first Appellate Court has ignored the evidence of P. Ws. 5 and 6 and grossly failed to interfere with the judgment and award of the Reference court. In the light of what has been observed in the portion extracted first, the first Appellate Court should not have arrived at the conclusion extracted in the latter portion. ( 4 ) IT is a fit case for awarding compensation at the rate of Rs. 41,140/-per acre. But, the claimants have filed these appeals against dismissal of their appeals by the first Appellate Court. In the prayer column of the appeal memorandums they have claimed the compensation at the rate of rs. 30,000/- per acre for dry lands and it is stated that the lands involved in these appeals are all dry lands. Hence, this Court cannot grant more than what has been asked by the claimants as the claim is restricted only to Rs. 30,000/- per acre. ( 5 ) FOR the reasons stated above, the judgments and decrees of the courts below are bad in law and are required to be modified. ( 6 ) ACCORDINGLY, these appeals are allowed. The judgments and decrees of the Courts below are modified enhancing the compensation to Rs. 30,000/- per acre with all statutory benefits up-to-date. The Land Acquisition Officer is hereby directed to deposit the difference of the compensation amount and other benefits within a period of four weeks in the reference Court and the claimants are entitled to withdraw the same. --- *** --- .