CHHOTE GOPE AND OTHERS Vs. KALI GOPE

JUDGEMENT

(1.) This application is directed against the order dated 25.7.1980 by which the prayer of the petitioner - -defendants that the suit had abated has been disallowed. The relief sought for in the plaint by the plaintiff was that the deed of gift dated 16.1.1980 is invalid, inoperative and should not be acted upon.

(2.) The contention of the petitioners is that part of the land involved in the deed of gift is situated in a village where consolidation proceeding is not in operation, and therefore, the suit cannot abate. Their further contention is that in view of the relief sought the suit cannot abate and the matter has to be decided by Civil Court. In support of the above submissions reliance has been placed on a Full Bench decision of this court in the case of Ram Krit Singh v/s. State of Bihar : 1979 PLJR 161 :, 1979 B.B.C J. 258 :, A.I.R. 1979 Pat 250 (F.B.) as also in a decision of the Supreme Court in Gorakh Nath v/s. Hari Narain Singh ( : A.I.R. 1973 SC 2451). It will be useful to quote the relevant portion from placitum of the decision of the Supreme Court :

(3.) I have examined the plaint. Clearly, in substance, the prayer is for cancellation of the deed of gift, the ground being the manner of its procurement, details of which are set out in the plaint. In this situation the dispute comes within the category of cases which the Supreme Court has held triable by a Civil Court.