( 1 ) THIS is a special appeal against the judgment, of a learned single judge of this Court dismissing a writ petition.

( 2 ) THE respondents 3 and 4, Mamraj and Balwant, filed four suits under Section 49, U. P. Tenancy Act against the appellants, Risal and Balwant (this Balwant is not to be confused for respondent) for partition of their half share in the holdings in dispute. The appellants case was that the aforesaid respondents had only a one-third share and not a half share in the holdings. All the four suits Were tried together and evidence was recorded only in one of them. They were disposed of by a common judgment, the Assistant Collector holding that respondents 3 and 4 had only a one-third share. These respondents preferred four appeals in the court of the Add- tional commissioner who allowed the appeals upon the finding that respondents 3 and 4 had a half share in the holdings. Then the appellants went up in second appeal co the Board of Revenue. During the pendency of these, appeals one Khazan Singh who was a landholder and party in one of the suits only died on 6-8-1952; the landholders in the other suits being still alive. An application for bringing the