GOPALI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Having heard the learned counsel for the parties, we allow the limitation petition. Delay in filing the appeal is condoned.

(2.) Heard learned counsel for the appellant and the respondents.

(3.) The appellant is the bataidar. He filed an application, being an under raiyat, under Section 48E of the Bihar Tenancy Act, 1885 (hereinafter referred to as the Act) alleging ejectment at the instance of the landlord. The proceeding was sent to the Board constituted under Section 48 E of the Act. However, the Collector withdrew the proceeding from the Board under Section 48E (10) of the Act, and allowed the parties to lead evidence and after hearing the parties allowed the claim of the appellant. The landlord filed an appeal under Section 48F of the Act, which has been disposed of by the Additional Collector.