BEKARU Vs. SHIV MURAT

JUDGEMENT

(1.) The respondent of the appeal has moved an application for abatement of the appeal under Section 5 (2) of U. P. Consolidation of Holdings Act (hereinafter called the Act) mainly on the ground that during pendency of the appeal, notification under Section 4 of the Act has been issued and by virtue of Section 5 (2) of the said Act, the appeal stands abated.

(2.) Heard learned counsel for the parties and perused the pleadings of the parties and judgment of the courts below.

(3.) It is not disputed that notification under Section 4 of the Act has been issued in respect of the village, in which land in suit is situate. The respondent has also filed the photo copy of the gazette notification dated 16.2,1991.