MADHOLAL Vs. KALYAN

JUDGEMENT

(1.) THIS is an application of one Madholal under Art. 226 of the Constitution of India.

(2.) THE opposite party Kalyan filed a suit in the court of the sub-Divisional Officer, Kota for ejectment against Madholal on the allegation that the defendant was a trespasser. THE sub-Divisional Officer granted a decree for ejectment of Madholal on the 26th of May, 1958. THE said decree was confirmed in appeal by the Commissioner, Kota Division, on the 3rd of June, 1959 and by the Board of Revenue in second appeal on the 11th of February, 1960. THE defendant again applied for review but he did not succeed and the Board of Revenue by its order dated the 14th of July, 1960 dismissed the review petition. Madholal has now come to this Court, and it is urged by his learned counsel that his client is a 'zaili' as defined under sec. 69 of circular No. 3 of the then Kotah State, and by judgment of this court in Ramnath Vs. Laxmichand (l) it has been held that a 'zaili' is a sub-tenant and is entitled to protection under the Tenants Protection Act. It is thus prayed that the petitioner was entitled to continue in possession and was not liable to be ejected.