The circumstances that give rise to this second appeal may briefly be stated as below. Lala Badri Prasad and others brought a suit against Sarwan for ejectment under sec. 175 of the Rajasthan Tenancy Act for alleged sub-letting in the court of the Assistant Collector in respect of the land in dispute. The allegations in the plaint were that one Gainda was admitted as a tenant by the plaintiffs in Svt. 2004 on a fixed rent of Rs. 120/- per annum ; that Gainda admitted Sarwan defendant as a sub-tenant of one half of the land in Svt. 2008 in contravention of the terms of tenancy ; that Gainda tenant died without leaving behind any heirs in Svt. 2010 ; that Sarwan refused to surrender the land that was in his possession ; that during the continuance of the Rajasthan (Protection of Tenants) Ordinance, 1949, the defendant was not liable to ejectment that on the enforcement of the Rajasthan Tenancy Act on 15 10-1955 the sub-tenant became so liable and hence it was prayed that he be so ejected. Sarwan contested the claim on the ground that he was the tenant of the land in dispute since Svt. 2010; that he was so recognised by the Tehsildar when the dispute arose about his status; and that h

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