ORDER :- These are two connected petitions under Article 226 of the Constitution. They arise out of a consolidation matter. As common questions of fact and law are involved in these writ petitions, it will be convenient to dispose them of by a common judgment.

2. The relationship of the parties will be clear from the following admitted pedigree:-

3. The dispute between the parties relates to holdings Nor.132, 133, 134 and 135. It appears that there have been earlier litigations between the parties regarding the Khatas in dispute, and one of such litigations was a suit for partition under Section 49, U.P. Tenancy Act, 1939. That suit was filed by Jagatpal, Dan Bahadur and Ram Bahadur, representing the branch of Sheonath Singh, against Raghuraj Singh, Rudrapal Singh, Rampal Singh and Anantpal Singh, representing the branch of Devidin Singh. Rudrapal Singh filed a written statement wherein he admitted the share of the plaintiffs to be one-half, and one-fourth was claimed as his own share. A preliminary decree was passed in that suit by the Assistant Collector on 18th January, 1950. An appeal against the preliminary decree was filed by Raghuraj Singh and others, which was partly allowed

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