RAM NATH Vs. SAMPAT

JUDGEMENT

(1.) THESE connected revision applications between the same parties arise out of objections under Section 47 Code of Civil Procedure. The decree holder opposite party filed a suit for possession in respect of agriculture plots against judgment debtor in the year 1954 before the court of Munsif. The trial court dismissed the suit but appeal against the same was allowed by the first appellate court. Therefore, the decree holder moved an application for execution, the proceedings in which were stayed by the High Court before which a second appeal was preferred by the judgment debtor. The appeal was dismissed on merits in the year 1972, though before that, notification under Section 4(2) of the U.P. Consolidation of Holdings Act had been published.

(2.) THE appeal was thus decided after the publication of the notification and it seems that before the High Court, the Appellant took a chance instead of applying for abatement of the appeal as well as the suit.

(3.) AS there was conflict between two decisions of this Court of Hon'ble Jagdish Sahai, J. and the other of Hon'ble S.N. Katju, J. who made a reference to the decision of Hon'ble Jagdish Sahai, J. this matter was referred to a Division Bench and that is why these revision applications came up for consideration before us. The question for consideration is as to whether the execution proceedings are also to abate under Section 5 of the U.P. Consolidation of Holdings Act because of the publication of the notification under Section 4(2) of the said Act.