RAMNATH Vs. LAXMICHAND

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution of India by one Ramnath who had filed an application under Circular No. 3 (Sigha Mal) of the former Kotah State. The Circular provides for an application for ejectment of Zailis. "zaili" is defined under sec. 69 of the Circular as any person who is in cultivatory possession of the land of khatedar. Sec. 70 provides the rights of Zailis and says that the rights would be the same as contained in the agreement between them and the khatedar. Learned counsel urges that Laxmichand and Ramkishan, opposite parties, whose ejectment Ramnath applicant wanted, were trespassers and as such the Board of Revenue was wrong in applying sec. 4 of the Rajasthan Protection of Tenants Ordinance of 1949 to this case. The argument is that under the Kotah Circular the word "zaili" included a trespasser. We have seen the definition of the word "zaili" given in sec. 69 and the subsequent sections and are satisfied that the word "zaili" as defined in the Kotah Circular cannot include a trespasser. Sec. 87 deals with the ejectment of a Zaili i. e. , a sub-tenant. There is another section, viz. , sec. 95, which provides for the ejectment of a trespasser. As the applicant himself had come forward to eject Laxmichand and Ramkishan by an application on under sec. 87 treating them as Zailis, he cannot now turn round in this Court and say that they were trespassers. Therefore, the Rajasthan Protection of Tenants Ordinance was rightly applied to them.

(2.) THERE is no force in this application and it is hereby dismissed. .