N. D. Ojha, J.

1. THIS writ petition arises out of proceedings under the U. P. Consolidation of Holdings Act. The dispute was in regard to land of Khata No. 77. In the basic year, this land was recorded in the names of the petitioners. An objection was filed by Mahadeo, respondent no. 4 claiming to be a co-tenure holder having a half share. Before the Consolidation Officer respondent no. 4 placed reliance on an exparte decree passed in a suit under Section 59 of the U. P. Tenancy Act on 4th December 1947. The Consolidation Officer took the view that the said decree operated as res judicata and on its basis allowed the objection of respondent no. 4 by his order dated 30th March, 1971. An appeal was filed by the petitioners before the Settlement Officer (C). They also filed copy of an order dated 30th June, 1971 passed by the Sub-Divisional Officer whereby the suit under Section 59 in which the ex-parte decree relied on by respondent no. 4 had been passed was abated under Section 5 of the U.P. Consolidation of Holdings Act. It appears that on coming to know of the ex-parte decree, the petitioners made an application for setting aside the ex-parte decree and also brought to th