Ram Surat Ram (Maurya),J.

1. Heard Sri Arvind Kumar Kushwaha for the petitioners and Sri Manu Singh as well as Sri Rajendra Kumar Yadav holding brief of Sri Pradeep Kumar Singh for the respondents.

2. Writ B No.35213 of 2016 has been filed against the order of Additional Commissioner dated 18.6.2015 allowing the appeal and setting aside ex parte decree dated 31.1.1981 as well as the order of Sub Divisional Officer dated 13.10.2014 rejecting the recall application of respondent-4, and the order of Board of Revenue dated 29.4.2016 passed in second appeal of the petitioners against the aforesaid order. Writ B No.35216 of 2016 emanates from the same impugned orders. Therefore, the facts stated in Writ B No.35213 of 2016, which are same, are dealt with in deciding these two writ petitions.

3. It is alleged that the petitioners filed a suit under Section 229-B of U.P. Act No.1 of 1951 for declaring them as bhumidhar with transferable right of plot no.619, area 2.07 acre of village Nagla Murli, majra Eta, pargana Etah Sakeet, tehsil and district Etah. The suit was decreed by the Sub Divisional Officer by order dated 31.1.1981. Thereafter on behalf of defendant-1 an application under