- (1.) THIS petition, which has been referred to a Bench by Mr. Justice Chaturvedi raises a question or law of some difficulty. The relevant facts can be stated very shortly.
(2.) THE petitioners filed a suit against respondents 2 to 16 under Section 59, U. P. Tenancy Act, 1939. The suit was dismissed by the trial court and the decree of that court was affirmed by the additional Commissioner, 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 R. N. Singh, concurring therein on 4-8-1952.
(3.) THE respondents then filed an application before the Board under Section 273, 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 28th October following. Thereafter the appeal was again heard on its merits and was dismissed by Sri S. S. Hasan on 6-2-1953.;