SAKAL SINGH Vs. DEVI

JUDGEMENT

(1.) THE present review application is directed against the order of D. D. Seth, J. (as he then was) dated 27th August, 1976.

(2.) IT appears that Sakal Singh and five others filed a suit for declaration that they were either the bhumidhars or sirdars of the disputed plots against the applicants, Smt. Devi and Smt. Dharma, the suit was contested by the applicants on the ground that they were the bhumidhars in possession. The trial Court as well as the lower appellate court dismissed the suit. The plaintiffs, therefore, filed a second appeal before this Court, which was allowed by a learned Single Judge of this Court by his order dated 4th August, 1967. Smt, Devi and Smt. Dharma, the applicants, later on, filed the present review application on 23rd August, 1967. The review application came up for admission before the same learned Judge on 24th October, 1967, who directed for the issue of notice. During the pendency of the review application, the village where the plots in dispute are situate was brought under consolidation operation in pursuance of a notification under Section 4 of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act) the applicants moved an application on 5th August 1976, for abating the suit and the appeal under Section 5(2) of the Act. As the learned Judge, who decided the second appeal, ceased to be a member of the Court, the application for review came up for final disposal before a Bunch of two Judges, as required under the Rules.

(3.) FROM the scheme of the appears that suits or proceeding for declaration of rights or interest pending in any Court would be abated the parties would get fresh opportunity of getting their rights adjudicated by the consolidation authorities.