K.B. SRIVASTAVA, J. :- This special appeal arises out of consolidation proceedings.

2. One Bhikham had two sons, Ram Ratan (father of the five appellants Shyam Sunder, Ram Shankar, Raja Ram, Sheo Ram and Sheo Govind) and Sia Ram, respondent No. 1. The name of Ram Ratan stood recorded in respect of Khatas Nos. 329 and 330, situate in village Bharwara, in the district of Lucknow. On his death, the names of his five sons came to be recorded. When this village came under Consolidation operations, Sia Ram filed an objection under Section 9 (2), U. P. Consolidation of Holdings Act (hereinafter referred to as the Act) claiming co-tenancy rights to the extent of one-half in these two Khatas on the ground that the name of Ram Ratan came to be recorded originally because he was the elder brother and though his own name was not recorded, he still had his cotenancy rights intact because of his cultivatory possession. His objection was dismissed by the Consolidation Officer and his appeal against that was also dismissed by the Settlement Officer, Consolidation. He then preferred a revision which was allowed by the Deputy Director, Consolidation and it was ordered that his name should al