Mootham, C.J. - (1.) THIS petition, which has been referred to a Bench by Mr. Justice Chaturvedi, raises a question of law of some difficulty. The relevant facts can be stated very shortly.
(2.) THE Petitioners filed a suit against Respondents Nos. 2 to 16 Under Section 59 of the U.P. Tenancy Act, 1939. The suit was dismissed by the trial court and the decree of that court was affirmed by the Addl. Commr., Agra Division, on appeal. The Petitioners 'then filed a second appeal before the first Respondent, the Board of Revenue. The Board allowed the appeal, the judgment of Sri S.S. Hasan, before whom the appeal was argued, being dated 1 -8 -1952, and a second Judicial Member, Sri K.N. Singh, concurring therein on 4 -8 -1952. The Respondents then filed an application before the Board Under Section 273 of the U.P. Tenancy Act for review. The review application was decided by the two Judicial Members who had earlier decided the appeal and was allowed, the judgment of Sri S.S. Hasan, which was dated 16 -10 -1952, receiving the concurrence of Sri R.N. Singh on the 28th October following. Thereafter the appeal was again heard on its merits and was dismissed by Sri S.S. Hasan on 6 -2 -1953.
(3.) THE Petitioners thereupon filed this petition, their contention being that Under Section 273 of the UP Tenancy Act the review application ought to have been decided by all the Members of the Board. They pray for the issue of a writ of certiorari quashing the order of the Board dated the 16th/28th October, 1952, and the subsequent proceedings consequent upon that order.;