Bapna, J.—This is a petition for issue of a writ of certiorari in respect of a case decided by the Board of Revenue.

2. One Nuruddin filed a suit for redemption of a mortgage of certain agricultural land against Nathmal, in the Court of Nazim, Nimbahera. The Nazim decreed the suit for redemption subject to payment of Rs. 701/- by the plaintiff. Nathmal filed an appeal before the Commissioner of Udaipur who transferred it to the Additional Commissioner, and the latter allowed the appeal and dismissed the suit. Nuruddin had died in the meantime and Khwaja Husaain and others, legal representatives of said Nuruddin, filed a second appeal before the Board of Revenue. It was set for hearing before Shri Lal Sinha Saktawat, Member, Board of Revenue, who after hearing the parties did not agree with the Additional Commissioner and passed judgment on 22nd of September 1950 upholding the decision of the Nazim of Nimbahera. The operative portion of his judgment is—

"For these reasons as given above, I would, subject to the concurrence of my learned colleague, allow the appeal, set aside the order of the Additional Commissioner, Udaipur dated 3.5.50 and uphold the order of the Nazim, Nimbahera dat

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