Sachchidanand Jha, J.

1. A common question of law has been raised for consideration in these two cases and, as such, they have been heard together and are disposed of by this common judgment. The question is whether without adjudication of the status and rights of an under-raiyat u/s. 48-E of the Bihar Tenancy Act (in short the Act), application by him u/s. 48-D of the Act is maintainable. In view of the conflicting opinion on the point a learned Single Judge referred these cases to Division Bench for an authoritative pronouncement and that is how the cases have come before this Bench.

2. Though the result of the cases would ultimately depend on their facts, we consider it appropriate to first decide the question of law. The relevant provisions of the Act may be noticed at one place as under:-

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"48-C. Acquisition of right of occupancy by under-raiyats.--Every person who, for a period of twelve years, whether wholly or partly before or after the commencement of the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938), has continuously held land as an under-raiyat in any village, whether under a lease or otherwise, shall be deemed to have acquired, on the expiration of