- (1.) THIS is a petition under Article 226 of the Constitution. The petition originally contained three prayers to which it is, however, unnecessary for us to refer as on 17-2-1955 the petitioner was given leave to amend his petition by adding thereto a fourth prayer, and learned counsel has confined his argument to the relief sought in that prayer. The fourth prayer is: "that the opposite party No. 3 be directed by a writ of mandamus to decide the appeal pending before him according to the provisions of the U. P. Act 17 of 1939 and he commanded by a writ of prohibition not to apply the provisions of Section 20 of V. P. Act 1 of 1951. "
(2.) THE facts on which this petition was made, briefly stated, were these. On 8-11-1952 petitioner 1 obtained a decree, in a suit under Section 180, U. P. Tenancy Act, 1939, for the ejectment of respondents 1 and 2 from certain plots of land. From that decree these respondents appealed to the Additional Commissioner, Allahabad and Jhansi Divisions, who is the third respondent, and that appeal is still pending.
(3.) RESPONDENTS 1 and 2 claim to have acquired the rights of an 'adhivasi' under Section 20, U. P. Zamindari Abolition and Land Reforms Act, and that they cannot therefore be ejected from the plots. The petitioners do not challenge the validity of Section 20, but it is argued on their behalf that although the provisions of that section do not (it is said) apply to the facts of this case, they apprehend that the Additional Commissioner will hold otherwise.;