GAYALAL Vs. RAJASTHAN REVENUE BOARD

JUDGEMENT

(1.) THIS is an application by one Gayalal landlord under Art. 226 of the Constitution of India for a writ of certiorari to quash the order of the Board of Revenue dated 17th November, 1952.

(2.) AN application was made under sec. 7 of the Rajasthan Protection of Tenants Ordinance before the Sub-Divisional Officer, Bayana, by the opposite party No. 2, Girraj, against the petitioner, Gayalal, for his reinstatement to one-fourth part of plots Nos. 426, 427, 429, 434, 435, 436, 437, 438, 439, 440, 478, 484 in village Singhara. The allegations were that he was dispossessed by Gayalal within three months from the date of application. Gayalal's defence was that Girraj had voluntarily surrendered the land, and executed necessary relinquishment deed. He was, therefore, not entitled to protection under the Rajasthan Protection of Tenants Ordinance. This contention was repelled by the Sub-Divisional Officer, and it was found that the tenant Girraj was entitled to be reinstated. Against this order of the Sub-Divisional Officer, the landlord Gayalal went in revision under sec. 10 of the Tenants Protection Ordinance to the Rajasthan Board of Revenue, but the Board of Revenue dismissed the application for revision, and affirmed the order of the first court so far as Girraj was concerned.