BHAGWAN DAS Vs. GULAB SINGH

JUDGEMENT

(1.) This civil revision petition arises out of an order dated 19th April, 1978.

(2.) In appeal, the lower appellate court hold that the appeal was not hit by Section 4 (c) of the Bihar Consolidation of Holdings and prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act') which runs as follows :

(3.) On a perusal of this section, it is clear that every suit and proceedings in respect of declaration of rights or interest in any land lying in the area where the notification has been made under Section 3 of the Act shall abate under Section 4 (c) of the Act. In my opinion, only such suit, appeal, reference or revision shall abate if such a suit, appeal, reference or revision is in respect of declaration of rights or interest in any land lying in the area where a notification has been made under Section 3 of the Act. If the suit or appeal or revision or reference is not in respect of declaration of any right or interest in any land, then such a suit will not abate. In other words, if a suit is filed unconnected with the declaration of right or interest in any land where the consolidation proceeding is going on, then such a suit will not abate.