( 1 ) IN these writ petitions Madhya Pradesh Electricity Board (MPEB) is assailing the order P. 7 passed by the SDO Khandwa, East Nimar, on 25-5-99 and the order P. 8 passed by the Commissioner, Indore, Division Indore, on 6-12-2000 in appeal.

( 2 ) THE petitioner MPEB filed an application u/s. 5 of the M. P. Lok Parisar Bedakhali Adhiniyam, 1974 (hereinafter referred to as 'the Adhiniyam') for eviction of respondent No. 1 as unauthorised occupant. Respondent No. 2 filed an application for addition as necessary party claiming the title by virtue of adverse possession and for that it was stated that civil suit 7-A/98 is pending before the first Civil Judge Class II, Khandwa. The learned SDO has held that it was not having jurisdiction as the unauthorised occupant, respondent No. 1, in each of the petition was not let out the premises by virtue of employment in MPEB. The MPEB has not given the possession to respondent No. 1. As such the provisions of the Adhiniyam are not attracted and the application was dismissed. It was also found by the SDO that MPEB had purchased the property on 30/04/1955 from M/s. Jassrup Baijnath Bahety and Sons Pvt. Ltd.

( 3 ) BEING aggrieved