JUDGMENT

Cuming, J. - The facts of the case out of which this appeal arises are these:

In khatian No. 128 the rent of the holding was entered as Rs. 10. The plaintiffs who are the tenants of the holding brought a suit u/s 106, Ben. Ten. Act, on the allegation that the rent was really Rs. 7, and praying that the record might be corrected accordingly.

2. The Assistant Settlement Officer held that the rent was Rs. 10 as entered in the Record-of-Eights and dismissed the plaintiffs' suit.

3. The plaintiffs appealed to the Special Judge. The Special Judge was of opinion that the rent was Rs. 7 and decreed the appeal.

4. The landlord-defendants, who are four in number, appealed to this Court.

5. Before the hearing of the appeal one of the appellants, defendant 4, died. His heirs have not been brought on the record and consequently the appeal, so far as he is concerned, has abated.

6. The respondent now contends that as the appeal has abated with regard to one of the appellants the whole appeal must fail because the right to appeal does not survive to the other three appellants alone. If they are allowed to appeal and are successful, the result will be that so far as some of the landlords are co