1. - Shri Binja filed an application under section 180(1)(b) of the Rajasthan Tenancy Act, 1955 thereinafter referred to as (1955 Act') for ejectment of Sheodan from the land falling in khasra numbers 1097 and 1082 situated in village Malpur, Tehsil Khetri District Jhunjhunu. It was stated in the said application that Binja who was khitedar, had given sub lease of khasra No. 1097 in Samwat 2002 on payment of rent at the rate of Rs. 11/- on year to year basis. Land in Khasra No. 1082 was sub-let to Sheodan in Samwat 2010 and he agreed to pay total rent of Rs. 30/- on year to year basis for lands falling in both khasras referred to herein above. It was stated that Sheodan had failed to pay rent for Samwats 2014 and 2015 and therefore he was liable to be ejected.

2. This application filed by Binja was resisted by Sheodan and the same was treated as a suit under section 182(3) of 1955 Act.

3. Sheodan filed a written statement in the court of Sub Divisional Officer Khetri. Therein he admitted that Binja had given the lands falling in khasra numbers 1097 and 1082 to him on lease. He however asserted that it was a perpetual lease and not a sub-lease on year to year basis as alleged