NAVA NAIK Vs. KARMI BEWA

JUDGEMENT

(1.) HEARD further from learned counsel for petitioner and learned Addl. Standing Counsel. Counsel for opposite party Nos. 1 and 2 are not present. Hearing is concluded and order is'as follows:

(2.) CASE No. 15 of 1981 under the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulations, 1956 (for short, 'Regulation 2 of 1956') was initiated by opposite party No. 1 on the allegation of unauthorised occupation by Benamidar, i.e. Nanda Kishore Das, i.e. opposite party No. 2. The writ petitioner was opposite party No. 2 in that case. Registered sale deed dated 26.4.1974 was executed in his favour. Opposite party No. 1 alleged that opposite party No. 2 purchased the land Benami in the name of writ petitioner and the said opposite party No. 2 is in possession of the case land unauthorisediy. She (Opposite Party No. 1) stated that she and the writ petitioner are members belonging to Scheduled Tribe whereas opposite party No. 2 is a member of non -scheduled tribe community. She prayed for eviction of opposite party No. 1 and recovery of possession of the case land in her favour.

(3.) OPPOSITE party No. 1 preferred Appeal Case No. 3 of 1986 under Regulation 2 of 1956 in the Court of Addl. District Magistrate, Mayurbhanj. On 21.2.1989 the appellate Court allowed the appeal on the ground that the evidence adduced by the Writ petitioner did not disprove the allegation of Benami transaction and accordingly opposite party No. 2 being in unauthorised occupation of the case land, he is liable to be evicted and the possession be restored to opposite party No. 1. He also imposed a penalty of Rs. 250/ - (two hundred fifty) against the opposite party No. 2 with a direction for payment of the same to opposite party No. 1.