SITARAM PRASAD SAH Vs. DAMODAR JHA

JUDGEMENT

(1.) The substantial question of law involved in this second appeal is whether the suit, the title appeal and this second appeal abate in view of the provisions of Section 4 (c) of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter called 'the Act') in view of a notification issued under Section 3 of the Act by the State Government bearing S. O. No. 1168 dated 26th of November, 1970.

(2.) After having lost in the title suit and in the title appeal, the plaintiff has filed this second appeal. The plaintiff filed the suit for declaration of title to and recovery of possession over the suit land mentioned in Schedule I of the plaint and for mesne profits against respondents 1st party or in the alternative for a money decree for a sum of Rs. 850/- against respondents second party. The suit was dismissed on the findings that the plaintiff had failed to prove his title and possession and had also failed to prove the Kewala in question a genuine, valid and for consideration. The lower appellate court has affirmed both the findings of the trial court.

(3.) The plaintiff filed an affidavit on 25-2-1980 stating, inter alia, that a notification had been published under Section 3 of the Act on 26-11-1970 to prepare a scheme for consolidation of holdings in Righa Block of Sitamarhi district where the disputed land is situate. Upon this basis, the sub-stantial question referred to above was framed by this Court and the appeal was admitted.