JAGAT NARAYAN, C.J.—This is a petition under Art 226 of the Constitution by the defendants in a suit for partition of agricultural lands and some other reliefs against the judgment of the Board of Revenue.

2. The agricultural lands were owned by one Narain the common ancestor of the plaintiffs and the defendants. Narain had 5 sons Onkarlal, Kanhaiyalal, Motilal, Chunilal and Chogalal. The branches of Kanhaiyalal and Chunilal have admittedly become extinct. Onkarlal had two sons Radha Vallabh and Gopi Vallabh. The plaintiffs are the sons of Gopi Vallabh. Defendants No. 1 and 2 are the sons of Radha Vallabh. Defendants No. 9 and 6 are sons of defendant No. 2 Defendant No. 7 it the s/o defendant No. 9. Defendant No. 3 is the s/o Motilal and defendant No. 8 is the son of defendant No. 3. The plaintiffs alleged in the alternative that Gopi Vallabh was adopted by Chhogalals widow Smt. Ved Devi. If the adoption is proved the share of the plaintiffs would be one-third in the property in suit. If it is not proved then their share would be one-fourth.

3. The suit was resisted inter alia on the ground that Gopi Vallabh had renounced his share in the coparcenary property and his sons consequentl

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