NABUDI MAHTO Vs. RAMCHANDRA SINGH

JUDGEMENT

(1.) The plaintiffs, who are petitioners here filed Title Suit i.e. T.S. No. 153 of 1974 in the court of Munsif First, Hajipur for declaration of title and recovery of possession over 1 katha of the disputed land with a prayer for removal of the structure.

(2.) Admittedly the area where the suit land situates has been notified under Section 3 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act') and consolidation operation is going on in the village. The subject matter of the suit is with regard to 1 katha of land of R. S. plot No. 256 of Khata No. 940 extending to cadastral survey plot No. 135 whose total area is 3 kathas and has been recorded as Baskit (homestead) in the name of grandfather of the plaintiffs. It is the case of the plaintiffs that in part of the disputed plot stands the house of the plaintiffs and 1 katha of the eastern portion which is in dispute is being used as Sahan.

(3.) It was on 26-4-1979 that the defendants filed a petition stating therein that due notification and publication under Section 3 of the Act has been made and consolidation proceeding is going on in the village which includes the land in dispute and the notification under Section 10 of the Act has also been received and as such, the suit is hit by Section 4 (c) of the Act. The learned Munsif on hearing the parties and. on consideration of the materials placed before him held that the suit being hit by Section 4 (c) has abated.