1. This is a writ petition under Article 226 of the Constitution of India filed by Nandigir and two others against Padamdas and the Board of Revenue, Rajasthan, paying that a writ of Certiorari an appropriate writ, order or direction be issued to quash the judgment of the Board of Revenue, dated 18th of July, 1962 in appeal No. 21 of 1960.

2. The facts of the case are that Nandigir, disciple of Ratigir, was holding a piece of land, measuring 70 Bighas, 2 Biswas, comprised in Khasra No. 593 in village Nohar as a Muafi. The said land was given for cultivation to Padamdas on 1st of July, 1952 for three years, that is, for Samvat years 2009, 2010 and 2011 and it was specifically mentioned in the lease deed executed by Padamdas that he would surrender the land to the petitioner after the expiry of the period of the lease. Pursuant to the condition of the lease, petitioner served Padamdas with a notice on the 7th April, 1955 to return the land to the petitioner as the period of the lease had expired but the respondent did not pay any deed to the above notice as the Rajasthan (Protection of Tenants) Ordinance, 1949 was in force where under no tenant could be ejected from his holdi