Raghubar Dayal, J. - (1.) This is an application under Order XLV, Rule 4, of the Civil Procedure Code in Supreme Court Appeal No. 257 of 1958.
(2.) The facts leading to this application are as follows. One Oudh Behari Singh was a tenant of several plots of land in village Luhiyapur, tahsil Auraiya, district Etawah. He surrendered his tenancy rights in favour of the Zamindar Bishambhar Singh, in 1947. The zamindar then leased out the plots to different persons under written leases. Certain other persons' laid claim to the tenancy rights in such land. The result was that the different lessees who constituted thirteen sets instituted thirteen suits against the persons claiming tenancy rights in the plots of land leased out to the respective set of plaintiffs. The trial court decreed the suits. The decrees were maintained on appeal by the defendants. The defendants then filed second appeals before the Board of Revenue. The Board of Revenue held that these thirteen appeals had abated on account of the legal representatives of Bishambhar Singh not being brought on the record. The defendants of eight suits filed writ petitions in this Court against the orders of the Board of Revenue. This Court allowed those petitions and quashed the orders of the Board of Revenue that the second appeals had abated. On the rehearing of the second appeals the Board of Revenue allowed six of them holding the defendants-appellants in those second appeals to have acquired the right of adhivasi on the basis of their being recorded occupants in the village papers of 1356 F. The plaintiffs of these six suits then filed six writ petitions in this Court. They were numbered Civil Misc. Writ Petitions Nos. 2663, 2664, 2665, 2666, 2667 and 2668 of 1958.
(3.) This Court dismissed Civil Misc. Writ No. 2664 of 1958 on the 6th of October, 1958. The other five writ petitions were dismissed on the 7th of October, 1958 by the short order : "This petition is concluded by our order dated the 6th October, last in Civil Misc. Writ No. 2664 of 1958. We therefore reject it".;