( 1 ) THIS revision under Section 115 of the Civil Procedure Code is by the defendant against the order dated 31-1-1959 passed by Shri P. D. Saxena, Second Civil Judge, Class II, Raipur in civil suit No. 18-A of 1959 refusing to stay the trial of the suit as required by Section 170 of the M. P. Land Revenue

( 2 ) THE non-applicant holds khasra Nos. 429 and 430 in malik makbuza right. By registered lease deeds dated 25-4-1950 and 23-4-1952, the applicant took certain parcels uf land from the said fields out lease on a monthly rent of Rs. 300/ -. The leases were to commence from 5-1-1951 and 5-1-1952. As the lease dated 23-4-1952 was to expire on 4-1-1955, the non-applicant wanted the applicant to vacate the plot. But, by a registered deed, dated 2-3-1955, the lease was extended upto 4-1-1957. The leases were obviously for a nonagricultural purpose as the deeds clearly show. They contained a condition that the lessee would vacate the sites and remove all superstructures at the expiry of the lease. The non-applicant served notices requiring the applicant to vacate the sites after removal of the superstructures. As the applicant failed to vacate, the present suit for ejec