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TMI Blog1991 (7) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... d in three eventualities :- If at any time it comes to notice of the Deputy Commissioner that transfer of land belonging to a raiyat who is a member of the Scheduled Tribes has taken place in contravention of Section 46 or any other; provision of this Act or by any fraudulent method (including decrees obtained in suit by fraud and collusion) he may, after giving reasonable opportunity to the transferee who is proposed to be evicted, to show cause and after making necessary enquiry in the matter, evict the transferee from such land without payment of compensation.... 2. A proceeding for evicting the respondent was taken by the authorities under the Act and on being satisfied that respondent No. 1 exposed himself to the liability of evictio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng persons and 'to transfer property' is to perform such act. 6. In Section 71A in the absence of a definition of transfer and considering the situation in which exercise of jurisdiction is contemplated, it would not be proper to confine the meaning of transfer to transfer under the Transfer of Property Act or a situation where transfer has a statutory definition. What exactly is contemplated in the provision is where possession has passed from one to another and as a physical fact the member of the Scheduled Tribe who is entitled to hold possession and a non-member has come into possession would be covered by transfer and a situation of that type would be amenable to exercise of jurisdiction within the ambit of Section 71A of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... follow that the action of the statutory authority was justified and the conclusion of the Full Bench must not be sustained. We accordingly allow the appeal and reverse the decision of the High Court. 7. There is no dispute that there has been improvement of the property by the respondent No. 1. We are aware of case where transferee to overreach the law and taking recourse to fraudulent methods, take property and make improvement. In a case of that type it may be that no compensation would be payable. In this case, perhaps, it may be appropriate to direct that the respondent No. 1 should be compensated for the improvement. We, therefore, require the Deputy Commissioner of Gumla to get the improvement appropriately valued and fix the quantu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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