LALA SRI RAM Vs. DHANI RAM GUPTA

JUDGEMENT

(1.) THIS revision has come up before us on a reference made by and learned single Judge. The facts relating to the revision are these, Ratan Lal sold certain Bhumidhari plots of land to Shri Ram and Shri Ram subsequently executed an agreement to reconvey the property within a period of two years. Shri Ram did not reconvey the property and as a result, Ratan Lal filed a suit for specific performance, which was decreed Ratan Lal then transferred his right to one Dhani Ram and Dhani Ram made an application under Order XXI, Rule 16 of the Code of Civil Procedure on 19-12-1963 for execution of the decree as an assignee of the decree-holder. In spite of transferring his rights to Dhani Ram, Ratan Lal also moved an application for execution of the decree. The execution proceedings ended in a compromise on 26-5- 1964 and Ratan Lal received an amount of Rs. 7, 000 and the decree was struck off. Shri Ram, the first vendee from Ratan Lal objected to the maintain ability of the application filed by Dhani Ram. The objections filed by Shri Ram were upheld and the execution applica tion of Dhani Ram was dismissed on 9-10-1964. Dhani Ram preferred an ap peal against this order. During the'pen dency of this appeal, a notification under Section 4 of the U. P. Consolidation of Holdings Act was issued and an objection was raised by the respondents to the effect that the appeal had abated on account of notification under Section 4 of the U. P. Consolidation of Holdings Act. The appellate court relying on the decision in the case of Chattan Singh v. Hira Singh, (1969 All JUT 189) held that the appeal did not abate. Shri Ram there after filed a revision in this Court.

(2.) THE learned Single Judge after referring to Section 5 (2) fa) and Section 9 (1) (a) (i) of the U. P. Consolidation of Holdings Act, tentatively took the view that it may be possible to hold that a right to get a sale deed executed in res pect of land is a right in relation to the land and as such it may be possible to file an objection before the consolidation authorities in respect of such a right and in such an eventuality the same matter would be concurrently answered in two forms with the possibility of conflicting decisions. He was of the view that this aspect of the matter had not been con sidered in Chattan Singh's case, 1969 All LJ 189 (supra) and thie being so, he re ferred the case to a larger Bench. It is useful to extract Section 5 (2) fa) and Section 9 (1) (a) (i) of the Act at this stage for the decision turns on the interpreta tion to be put on these two sections:-

(3.) IT is now necessary at this stage to refer to some decisions cited at the Bar. In (1969 All LJ 189), a suit for specific performance of a contract of sale had been filed. The appellate court allow ed the appeal and decreed the suit. Dur ing the pendency of the appeal, the land in dispute had come under consolidation operation. In the second appeal filed in this Court, it was urged that the suit should have been stayed under Section 5 (b) of the U. P. Consolidation of Holdings Act. It was held that Section 5 (b) of the Act governed only such suits which were for declaration of rights, title and inte rest in land and did not govern suits for specific performance of a contract. It was held that inasmuch as there was no pro vision under the Consolidation Act for granting a decree for specific perform ance of contract, or to execute such a decree, Section 5 (2) (a) of the Act did not apply In the case of Jagarnath Shu-kla v. Sita Ram Pande, (1969 All LJ 768), a question arose as to whether suits for cancellation of sale deeds in respect of agricultural plots, which were pending on the date of the notification under Section 4 of the Act, should be abated under Sec tion 5 (2) of the Act. It was held that in asmuch as consolidation authorities could go into the question of validity of deeds of exchange, wills and decrees, it appear ed that the legislature intended that such question should be decided by consolida tion authorities and such suits should be abated.