NARASIMHAM, J.

( 1 ) THIS is an application under Articles 226 and 227 of the Constitution against the appellate order of the Additional District Collector of Ganjam in a case under the orissa Tenants Protection Act.

( 2 ) THE material facts are as follows: The opposite party claiming to be Bhag-chasis applied on 11-5-50 to the Second Officer of Berhampur for protection from eviction under Section 3, O. T. P. Act, alleging that they were cultivating some lands as Bhag-chasis on 1-9-1947 and that their immediate landlord, namely V. V. Raju, the predecessor-in-interest of the petitioners, was in possession of more than thirty-three acres of raiyati lands on 30-11-1947. They further admitted that they were forcibly dispossessed from the lands by the petitioners with the help of rowdies on 15-5-49 and that in a proceeding under section 145, Cr. P. C. , in the court of the Subdivisions Magistrate, Berhampur, the latter declared the petitioners to be in possession by his order dated 30-12-49. They, however, contended that notwithstanding the decision against them in the proceeding under section 145, Cr. P. C. they were entitled to be restored to possession inasmuch as they were Bhag-ch