JUDGMENT

G.C. Mathur, J. - The following two common questions have been referred in these three special appeals for decision to this Bench at the instance of a Division Bench:

1. Whether for purposes of fixing, u/s 4 of the U.P. Imposition of Ceiling on Land Holdings Act (U.P. Act I of 1961), the ceiling area in regard to land falling in areas described in Clauses (a) to (f) of Section 337 of the UP ZA and LR Act (Act No. 1 of 1951), the same should be computed in accordance with the provisions contained in Section 337 of the UP ZA and LR Act?

2. In case the answer to the above question be in the affirmative, whether the computation in the three appeals before us should be two acres for one acre as provided originally in Section 337 of the UP ZA and LR Act or it should be on the basis of one and a half acres for one acre as provided by the amendment of Section 337 by the U.P. Land (Amendment) Act (U.P. No. 4 of 1969)?

2. A preliminary objection has been raised by the learned Standing Counsel that these questions do not arise in any of the special appeals in which the references have been made and that we should decline to answer the questions. The principal contention raised by the App