JUDGMENT:

Dr. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court allowing the writ petition filed by the respondents. The writ petitioners had questioned order dated 24.2.1973 passed by the Assistant Settlement Officer, Consolidation, Jaunpur and the order dated 28.2.1978 passed by the Deputy Director, Consolidation Jaunpur who were the respondents 1 and 2 in the writ petition.

2. The factual position needs to be noted in brief as essentially the pivotal question relates to the applicability of the principle of res judicata.

2.1 One Gajadhar owned several lands situate in the villages of Kurthuwa, Meerapur Siroman, Manapur and Ghuskhuri, as fixed rate tenant, including the suit lands. The fixed rate tenancy of the lands in those villages was mortgaged by Gajadhar. Gajadhar died leaving behind him his widow Sirtaji, who through registered sale deed dated 8.6.1885 sold her right of redemption in regard to those lands to her relative Mata Badal.

2.2. On the death of Mata Badal, his wife Sheorani, sold the right of redemption in regard to some of the lands to third parties. After the death of Sheorani, the nephews