RAJA MAHTO Vs. MANGAL MAHTO

JUDGEMENT

(1.) I shall dispose of these two appeals, namely, Second Appeals Nos. 289 and 290 of 1976, by a common judgment as these two appeals arise out of a common judgment passed by the Civil Court.

(2.) Title Suit No. 87/76 of 1961-62 was filed for a declaration of title and recovery of possession and Title Suit No. 17/24 of 1963-66 relates to partition. Both the suits were tried together and one judgment was delivered by the trial Court and by the appellate Court. In this Court, against the judgment of the appellate Court, these two appeals viz; Second Appeals Nos. 289 and 290 of 1976, have been filed. One Mangal Mahto, respondent in both the appeals, has filed an application to the effect that a notification has been published under Section 3 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act'). It is, therefore, stated in the supplementary affidavit that the suits and the appeals abated under Section 4 (c) of the Act.

(3.) It is, therefore, relevant to quote Section 4 (c) of the Act, which runs thus :--