TRIBHUVAN Vs. VEDMANI

JUDGEMENT

(1.) Heard Sri Prem Prakash (Sharma) learned counsel for the petitioner and Sri Prem Narayan Rai holding brief of Sri Shesh Nath Bhatt learned counsel for the respondents.

(2.) The present petition is directed against the orders dated 25.9.2013 and 07.07.2018 passed by the courts below whereby the Original Suit No. 97 of 1993 (Patiraji Vs. Vedmani) has been abated in view of the Section 5 (2) of the U.P. Consolidation of Holdings Act' 1953 (hereinafter referred as Act' 1953) i.e. as a consequence of the notification under Section 4(2) of that Act. The order impugned dated 25.09.2013 records that it was admitted to the parties that during pendency of the instant suit, the consolidation operations were conducted in the village wherein lies the land in dispute. A preliminary issue was framed by the trial court as to whether the suit was barred by the Act' 1953 with the issuance of the notification under section 4(2) of the Act' 1953. The trial court had opined that since the relief claimed in the suit was for cancellation of the sale deed and the same could not be granted by the consolidation court, the suit could not have been abated.

(3.) The said order was challenged in revision which was allowed remitting the matter back to the trial court. In the meantime, the village was de-notified under section 52(1) of the Act' 1953.