RAMDEO Vs. BOARD OF REVENUE RAJASTHAN

JUDGEMENT

(1.) THIS is a writ application by Ramdeo under Article 226 of the Constitution against an order of the Board of Revenue dated the 27th August, 1963, by which it modified the decree of the Additional Commissioner, Jaipur No. 1, dated the 12th February, 1960, and held that the petitioner before us, who was respondent there, be ejected from or certain agricultural holding, though a direction was further given that the ejectment be given effect to subject to the requirements of S. 184 (1) of the Rajasthan Tenancy Act, 1955 (No. 3 of 1955, hereinafter called the Act ).

(2.) THE material facts are these. On the 4th October, 1957, the contesting respondent Umdaram, whom we shall hereafter refer to as the only respondent in the case, instituted a suit, out of which this writ petition arises, against Ramdeo petitioner before us on the footing that the former was a 'maurusi' tenant of Khasra No. 298 measuring 8 Bighas and 11 Biswas in village Banad which was admittedly held in Biswedari right by Bhanwar Singh and Bahadar Singh and which land had been let out by him to Ramdeo for a period of three years commencing from Samwat year 2011 and that the latter had failed to pay rent for Samwat years 2012 and 2013 and had further refused to vacate the land even though his lease had come to an end. THE respondent, therefore, prayed that the petiti-oner be ejected and also for the recovery of a certain sum as arrears of rent.