S.N. Singh, J. - (1.) This petition under Article 226 of the constitution arises out of proceedings under Sec. 59/189 of the U.P. Tenancy Act. The Petitioners claimed to be the tenants in possession filed the instant suit for a declaration about the tenancy right and in the alternative claimed possession if they were found not to be in possession.
(2.) This suit of the Plaintiffs was not contested by the land holder and the Gaon Sabha. They admitted the claim of the Plaintiffs. The other Defendants contested the suit on the ground that Plaintiffs were not the tenants of the plot in suit and that the Defendants themselves were the tenants thereof. The trial court accepted the Plaintiffs case but finding that Defendants were in possession decreed the suit for declaration of tenancy rights as well as the ejectment of the Defendants contesting.
(3.) The contesting Defendants preferred an appeal and the Additional Commissioner allowed the appeal and dismissed the suit on the preliminary ground that the lease the basis of the claim of the Plaintiffs required registration and the attestation in lieu of registration was neither properly done nor the same was done within four months of the execution of the document as provided by law. This decision of the Additional Commissioner was confirmed in appeal by the Board of Revenue, opposite party No. 1, by its order dated 16.7.1959. The Petitioners filed an application for review which was also summarily rejected by the Board by its order dated 14.12.1959 hence the present writ petition challenging the decisions of the opposite parties 1 and 2 as patently wrong on the face of the record has been filed in this Court.;