Barin Ghosh and Ajay Kumar Tripathi JJ.

1. In the year 1916 the then proprietor of the land in question executed a Khewat and thereby declared that three persons named in the Khewat are the raivats/tenure holders of the land in Question. Revenue records were thereupon prepared and in those the name of the first person was shown with suffix "others". The proprietor who executed the Khewat acquired the title of the land in question by reason of a family partition effected prior to the date of execution of the Khewat.

2. Subsequently when register of land was prepared under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, it was shown therein that the son of the proprietor of the land is the raiyate of the land in question, i.e. acquired right to hold the same.

3. The writ petitioners, being the heirs of the person first named in the Khewat, then filed an objection u/s. 10 of the Act and having lost before the Consolidation Officer preferred an appeal and again lost. At this stage the heirs of the other two persons named in the Khewat, being the appellants before us, did not approach the Consolidation Officer. The writ petitioners having lost before the