ORDER

1. The appellant claims to be the Bataidar (under raiyat) of the 3.10 acres of land in Khata Nos. 178 and 78 of Mouza Barbhara, P.S. Tarapur, Dist. Monghyr. According to him, he was in the land for more than 25 years. Respondent 1 who is the owner of the land tried to dispossess him and hence the appellant under the provisions of Section 48-E of the Bihar Tenancy Act, 1885 (hereinafter referred to as the Act) approached DCLR, Sadar for preventing his dispossession. The DCLR, Sadar constituted a Board under the said section and referred the matter to the Board for settlement and if there be no settlement, for decision according to law. Since there was no settlement, the Board held an inquiry into the dispute with regard to the rights of the appellant. Witnesses of both the parties were examined. It transpired in the evidence that the appellant who was a Mukhya had prevented the earlier cultivators of the land viz,, Kesheo Mandal and Kulanand Chaudhary from cultivating the land, and consequently there were criminal proceedings under Section 145 of Criminal Procedure Code, between the parties with regard to the said land three years prior to the commencement of the present Bataid