( 1 ) THIS is a petition under Article 226 of the Constitution for a writ of prohibition directing the opposite party No. 1, the Assistant Custodian (Judicial), Azamgarh, from proceeding further with the case No. 1161/220 of 1955. The facts are not disputed in this case.

( 2 ) THE point which has been raised by the learned counsel in this petition is a pure question of law. The applicants are the sons of late Khan Bahadur Mohammad Ali Ausat, who died on the 17tn of January 1952, leaving behind the applicants and one Ali Irtiza Osmany as his three sons and Mst. Shamsunnisa and Mst. Akhtari as his two daughters. Mst. Shamshunnisa is married to one Ali Haider Usmani who migrated to Pakistan in 1949 and is now settled ia the district of mianwali in West Punjab. Mst. Shamshunnisa left for Mianwali in 1952 and is now living there with her husband. The father of the applicants had considerable landed property in the district of Azamgarh and after the abolition of zamindari in the State of Uttar Pradesh it was reduced to sir and khudkasht plots only and they are in possession of the applicants. The Assistant Custodian, Azamgarh, opposite party No. 2, issued a notice on the 4th