Honble MISRA, J. – The judgment and order passed by the Board of Revenue on January 5, 1985 as also the order of the Revenue Appellate Authority dated August 28, 1978 as contained in Annexures 9 and 7 respectively are under challenge in this writ petition which had been passed by the aforesaid authorities holding therein that the appeal which had been filed against dismissal of the suit for correc- tion of the entries in the revenue record has abated as a whole against the surviving respondent also, on account of death of one of the respondent, out of the two respondents, who died during the pendency of the appeal before the Revenue Appellate Authority. A further direction has been sought to the Revenue Appellate Authority for hearing the appeal on merits which arose out of the suit No. 1/170 for correction in the revenue records.

To State the relevant facts precisely, the same is allocated in the following manner :–

(2). The plaintiff who is the petitioner herein had filed two suits, one on 10.1.69 and another on 5.5.71 for perpetual injunction and for correction of the entries in the revenue records against the defendant-respondents, who are two brothers Leela and Ramlal, defendant

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