ORDER :- This is a petition under Art. 226 of the Constitution. The petitioners filed a suit under S. 180, of the U.P. Tenancy Act in respect of certain plots of land against the respondent No. 2. The suit was decreed by the trial court but was dismissed by the Additional commissioner of Agra. The petitioner then filed a second, appeal before the Board of Revenue. This appeal, was tiled on 29-7-1950. Before, however, the appeal could be heard on merits, a vesting order was passed under S. 4, U.P. Zamindari Abolition and Land Reforms Act (No. 1 of 1951), on 1-7-1952. Certain rules were framed under the said Act and under rule 4 of the Rules the Board of Revenue ordered the hearing of the appeals to be stayed on the merits and fixed 10-11-1953 for hearing the parties under rule 5(a)(I) of the rules in order to determine whether the appeal should be abated or not.

One Member of the Board of Revenue heard the appeal on that date and passed an order on 12-11-1953 holding that the suit and the appeal should both be held to have abated. On 18-12-1953, another Member of the Board concurred in this order. The result of these two orders was that the petitioners appeal and the suit were held t

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