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 that period, a right of occupancy in the land which he has so held for the said period; Provided that... ... ...

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48-D. Acquisition of raiyati right by occupancy under raiyat.--(1) An occupancy under raiyat shall if he makes an application in this behalf in the prescribed manner, be entitled to acquire the right of a raiyat subject to the payment to be made as may be prescribed by the State Government and the right of the landholder in such land shall extinguish: Provided that the land on which he acquires such right along with other land held by him anywhere in the State does not exceed the area he may hold under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962).

(2) The remaining area, if any, in which the under raiyat does not acquire the right of a raiyat shall continue to be held by the raiyat under whom the under raiyat held the land.

(3) The land owner in respect of whose land the under raiyat acquires the right of a raiyat under Sub-sec. (1) shall be paid as compensation an amount equivalent to twenty-four times the rent of the holding in the manner prescribed in this behalf."

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48-E. Prevention of threatened ejectment of under raiyat and restoration to possession of under raiyat unlawfully ejected--(1) If an under raiyat is threatened with unlawful ejectment from his tenancy or any portion thereof by his landlord or if there is a dispute between them over the possession of land, crop or produce thereof either on the ground of non-existence of relationship of landlord and tenant between them or otherwise or if an under raiyat is or has been ejected from his tenancy or any portion thereof within twelve years before the commencement of proceedings under this section in contravention of the provisions of sec. 89 the Collector may, of his own motion or on application made in this behalf by the under raiyat, initiate a proceeding for preventing the landlord from ejecting the under raiyat or for settlement of the said dispute or for restoration of possession under raiyat unlawfully ejected from his tenancy or portion thereof."

Explanation ... ... ...

(2)... ......

3. A bare perusal of the above would reveal the distinction between the provisions of Secs. 48-C and 48-D on the one hand and sec. 48-E on the other. sec. 48-C as the heading would suggest, deals with acquisition of occupancy right by an under-raiyat. It lays down that every person in continuous possession for about 12 years of land as an under-raiyat- whether under lease or otherwise - shall be deemed to have acquired on the expiration of the period a right of occupancy in the land which he had so held. The right is hedged in by certain exceptions as mentioned in the proviso, such as where the area of