KRIPA SHANKAR RAI Vs. KAMLA RAI

JUDGEMENT

(1.) The learned Senior Counsel for the appellants in this appeal has been heard on merits on 29.11.2012. When the learned Senior Counsel appearing for the plaintiff-respondent no. 1 was called upon to make his submission, he pointed out that a petition (I.A. No. 7819 of 2012) had been filed on that date i.e. 29.11.2012 praying therein that the entire appeal had abated under Section 4(1)(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act'). The matter was adjourned on the prayer of the learned Senior Counsel for the appellants who sought adjournment to seek instruction in the matter and file reply, if so advised. This appeal has been, thus, placed today alongwith I.A. No. 7819 of 2012. Mr. Shivnandan Rai, the learned senior counsel appearing on behalf of the plaintiff-respondent, no. 1 has pressed the prayer made in I.A. No. 7819 of 2012 that the suit and the appeal be held to have abated under Section 4(1)(c) of the Act. Mr. Sharma, the learned senior counsel appearing on behalf of the appellants has no objection to the prayer made on behalf of the respondent no. 1 in the said interlocutory application and has only submitted that the order should be passed in consonance with the Apex Court judgment in the case of Mst. Bibi Rahmani Khatoon vs. Harkoo Gope, 1981 AIR(SC) 1450

(2.) In the aforesaid judgment, the Apex Court has considered the ambit and scope of the provision of Sections 3 and 4 of the Act and has held in paragraph-12 as follows:--

(3.) Mr. Sharma, has pointed out that the similar view has earlier been also expressed in the case of Satyanarayan Prasad Sah vs. State of Bihar, 1980 AIR(SC) 2051