ORDER :- This writ petition filed by Jodhan, which has been referred to us for decision at the instance of S. N. Singh J., challenges a decision given by the Board of Revenue on 30-5-1961 in a second appeal arising out of a suit under S. 176 of the Zamindari Abolition and Land Reforms Act, confirming the appellate decision of the Additional Commissioner, Gorakhpur, dated 2-12-1960.

2. The plots in suit were originally held by one Ghulaman, who left two sons, Salik (father of the petitioner Jodhan and O. P. 6 Natha) and Lochan (father of O. P. 4 Ramdhari). On Ghulaman's death the property was recorded in the name of Lochan alone; and when Lochan and Salik died a dispute arose between their sons, Ramdhari (son of Lochan) claiming to be the sole tenant, while Jodhan and Natha (sons of Salik) claimed that they were entitled to half share in the plots in question. On 20-3-1957 Jodhan and Natha filed this suit for partition under S. 176 of the Zamindari Abolition and Land Reforms Act, which was decided in their favour by the Assistant Collector First Class on 16-8-1960.

Meanwhile Ramdhari on 18-7-1957 had filed a suit in the Civil Court for a permanent injunction to restrain Jodha