Das, J.

1. These are two applications, both of which are directed against an order of the learned District Magistrate of Gaya, dated 12-6-1950, by which the learned District Magistrate has referred a particular dispute to a Board under Section 3, Bihar Bakasht Disputes Settlement Act, 1947 . The case of the petitioner is that he is the occupancy raiyat in respect of 7.50 acres of lands comprised in khata No. 68 of village Fata, police station Kutumba in the district of Gaya under the proprietary interest of opposite party 2 and 3. The petitioner based his claim on the strength of two documents of lease executed in 1946 and 1947. It was alleged that the lands were sold in execution of decrees for arrears of rent, and were purchased by the landlords who made the settlement in favour of the petitioner.

One Bhuneshwar Pandey son of Dcoki Pandey, filed an application to the Sub-divisional Magistrate of Aurangabad for the reference of a dispute between him and the landlords regarding the same piece of land, purporting to be an application under Sec.3. Bihar Bakasht Disputes Settlement Act 1947. The application was filed on 27-12-1948. The landlords alone were made parties to the