LAWS(PAT)-2000-3-71

SEIKH HAIDAR ZAN Vs. YUSUF ANSARI

Decided On March 14, 2000
SEIKH HAIDAR ZAN Appellant
V/S
MD YUSUF ANSARI Respondents

JUDGEMENT

(1.) This civil revision by the Plaintiff is directed against the order dated 27th September 1996 passed by the 4th Subordinate Judge, Sasaram, in Title Suit No. 37 of 1995 by which the suit has been abated under Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (in short 'the Consolidation Act').

(2.) The Plaintiff-Petitioner filed the suit for declaration of his exclusive title over the suit land comprising of R.S. plot No. 1617 situate at Mokar in the district of Sasaram. His case is that the suit land along with other lands was settled with him by the ex-landlord, who at the time of vesting submitted the return in his (Plaintiff's, name on the basis of which his name was recorded in register II and he has been paying rent. One Guru Narain Singh, descendant of the recorded tenant, initially got the land recorded in his name in the revisional survey records. However, his claim was finally rejected by the survey authorities. It was held that the property did not belong to Guru Narain Singh, rather it belonged to the Plaintiff and Defendants of the present suit. In the circumstances, the Plaintiff filed the suit seeking declaration of his exclusive title over the suit land.

(3.) Defendant No. 1 on appearance filed application for abatement of the suit under Section 4(c) of the Consolidation Act on the ground that the area in question had been notified under Section 3 of that Act and the consolidation operations were going on. The Plaintiff submitted a rejoinder stating that the notification has been cancelled under Section 4A of the Act and, therefore, the suit could proceed. The court below by its impugned order dated 27.6.96 apparently did not accept the plea and passed the order for abatement.