The learned counsel further submitted that so far the first relief is concerned, it is conferred on the plaintiffs under general law whereas the second relief is created by Bihar Tenancy Act and the Bihar Tenancy Act itself is a complete Code. In this Bihar Tenancy Act, there is specific provision and the authorities have been designated for granting the second relief which is claimed by the plaintiffs. So far the first relief is concerned, admittedly, both the courts below did not give the relief. In such circumstances, the only relief remained is whether the plaintiff is under-raiyat who continued in possession of the suit property for more than 12 years as such, acquired occupancy right. So far this relief is concerned, the jurisdiction of the Civil Court is impliedly barred. It is further submitted that admittedly, the suit lands were subjected to aluvion and diluvion and it merged for several years in river ganges. In view of Section 52A of the Bihar Tenancy Act, the raiyats had the right, title and interest over the said land and, therefore, it cannot be said that the defendants acquired occupancy under-raiyati right. On these grounds, the learned counsel for the appellants submitted that both the substantial questions of law are liable to be answered in favour of the appellants.
