A. P. SRIVASTAVA, J.

( 1 ) THESE are two connected petitions under Article 226 of the Constitution. The parties are identical and the petitions relate to the same order passed by the State Transport Appellate tribunal, Lucknow. It will, therefore, be convenient to deal with them together.

( 2 ) THE petitioner Sri Khalil-ul-Rahman Khan had been granted a stage carriage permit No. 42i-A on Aligarh-Pahasu route on 25-3-1957. The permit was for a period of three years and the vehicle covered by it was No. UPB 1694. On 25-11-1957, the petitioner was allowed to replace vehicle No. UPB 1694 with vehicle No. UPB 1305. On the 7-8-1958 by an agreement of that date between the petitioner and the third respondent Sri Hazari Lal it was provided that for a consideration of Rs. 2,500/- the petitioner had sold the one-fourth share in the permit he held in favour of the third respondent and for a consideration of Rs. 2000/- he had sold to the third respondent one-fourth share in the vehicle No. UPB 1305 which was at that time covered by the permit. The agreement further provided in its 8th clause : -

"that in case any replacement is made against this bus, the parties shall have the same share in the

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