JAGABANDHU SAMANTROY Vs. ISWAR PRATAP AND ANR.

JUDGEMENT

(1.) THIS is an appeal by the Plaintiff against the concurrent decisions of the two Courts below dismissing the Plaintiff's suit for ejectment of the transferee of a sikimi tenant from two homestead plots 1283 and 1284. These two plots were transferred by Defendant 1 who is the recorded Sikimi tenant, to Defendant 2 by virtue of a registered sale deed Ext. A/1 dated 23 -3 -49. On the 10th April, 1949, the Plaintiff instituted the present suit for evicting the Defendants.

(2.) BOTH the Courts below have held that after the amendment of Section 236 of the Orissa Tenancy Act in the year 1946 by Orissa Act, X of 1946, the incidents of the tenancy of any tenant in respect of the homestead in which such tenant ordinarily resides shall be regulated by the provisions of Orissa Tenancy Act applicable to land held by an occupancy tenant. One of the incidents of such land being transferability, the Courts below have held that the transfer is valid in law, and cannot be challenged and the transferee cannot.

(3.) I agree.