A.H. Khan, J.

1. This is a petition under Art. 227 of the Constitution of India and is directed against an order of the Revenue Board, dismissing the revision of the petitioner.

2. The facts of the case giving rise to this petition are that Mst. Kesar Bai, the non-petitioner filed an application before the Tehsildar for the eviction of the petitioner under Sec. 76 of the M. B. Tenancy Act, alleging that the petitioner was a sub-lessee and since he is not handing back the possession of the land, he must be treated as a trespasser and as such be evicted. The Tehsildar held that the petitioner was a trespasser and ordered that the non-petitioner be placed in possession of the land in dispute, of which she was a Maurusi tenant. Against this order the petitioner filed successive appeals before the S.D.O. and the Additional Commissioner. They were all dismissed. He then filed a revision before the Revenue Board which was also dismissed.

3. The petitioner resisted the claim of Mst. Kesar Bai on the ground that according to Sec. 38 of the M. B. Zamindari Abolition Act he is entitled to become a Pakka tenant.

4. In the first place, the petitioner had not hitherto made any deposit and as su