AGARWALA, J. :- This is a writ petition directed against the Deputy Director of Military Lands and Cantonments, Eastern Command, Calcutta, the Military Estates Officer, Agra Circle, Agra Cantonment, and the Collector of Moradabad. The applicant Moinuddin claims to be a tenant of agricultural land measuring 13,42 acres situated at Rajabpur, pargana Amroha, district Moradabad. The land belongs to the Government for the purposes of the military department. The opposite party No. 2 the Military Estate Officer, Agra, being in charge of the land, filed a suit for ejectment of the applicant on 16-9-1952 which is still pending.

On 9-7-1953 the Deputy Director, Military Land and Cantonments, Eastern Command, Calcutta, served a notice upon the petitioner asking him to vacate the aforesaid premises within 15 days. This notice was issued under S. 3, Government Premises (Eviction) Act (Act No. 27 of 1950). It was received by the petitioner on 13-7-1953. On 28-7-1953 opposite party No. 2 the Military Estate Officer, Agra, intimated to the petitioner that in pursuance of the notice dated 9-7-1953 he would come and take possession of the disputed land on 8-8-1953 by use of force if necessa