Section 8 in The Bihar Bakasht Disputes Settlement Act, 1947
8. Board to inquire into and decide the dispute in case no amicable settlement is reached.
- Where a Board does not succeed in bringing about an amicable settlement of the dispute, it shall make an inquiry into the same, receive such evidence as it considers necessary and without reference to the merits of the claims of any of such parties to a right to possess the subject of dispute, decide whether any and which of the parties was at the date of the notification issued under section 3 in possession of the said subject:Provided that if it appears to the Board that any party has within two months next before the date of the aforesaid notification been forcibly and wrongfully dispossessed, the Board may treat the party so dispossessed as if such party had been in possession at such date.(2)If the Board decides that one of the parties was or should under the proviso to sub-section (1) be treated as being in possession of the subject of the dispute, it shall pass an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction and when the Board proceeds under the proviso to sub-section (1), it shall further order that possession shall be restored to the party forcibly and wrongfully dispossessed.(3)If the Board is of opinion that none of the parties was in possession or is unable to satisfy itself as to which of them was in possession of the subject of the dispute, it shall give its decision accordingly and may further order that the said subject be attached until a competent Court has determined the rights of the parties thereto.(4)After the Board has given its decision and passed such final orders, as may be necessary, it shall transmit the entire record of the reference to the Court of the Subdivisional Officer within the local limits of whose jurisdiction the subject of the dispute is situated and such Magistrate shall deal with such record and all matters that follow from the decision or from the final order of the Board as if the proceeding before the Board had been a proceeding started by such Magistrate under section 145 of the said Code and dealt with by him throughout and the decision and the final order given and made by the Board had been a decision and order given and made by such Magistrate in the proceeding last mentioned:Provided that nothing in this sub-section shall be deemed to authorise such Magistrate to revise or review the decision of the Board or to do anything which may have the effect of varying or modifying the substance of the Board's decision.
