JUDGMENT

S.C. AGRAWAL. J.:—This appeal by special leave raises the question whether it was competent for the Board of Revenue to refer for arbitration the dispute relating to declaration of bhumidari rights in agricultural land in a second appeal arising out of a suit instituted u/ S. 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Zamindari Abolition Act).

2. Badlu, father of Hakim Ali (appellan No . 1), instituted a suit u/ S. 229-B of the Zamindari Abolition Act against respondent No. 2, Lekhi Ram, wherein he sought a declaration that he is Bhumidar in respect of certain lands situate within the urban area of Municipal Board, Baraut. During the pendency of the said suit before the trial court Badlu died and the appellants were brought on 974 record as the plaintiffs. The said suit was dismissed by the Sub Divisional Officer, Baghpat. But on appeal it was decreed by the Additional Commissioner, Meerut Respondent No. 2 filed a second appeal before the Board of Revenue. During the pendency of the said appeal, on the joint request of the parties, the Board of Revenue referred the dispute to arbitration and appointed Shri Anup Singh, re