RAM SUNDER AHIR Vs. SIDH NATH AHIR

JUDGEMENT

(1.) This application is by plaintiff no. 2 against order dated 15th of May 1981 holding that the suit as abated under Sec. 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter to be referred to as the Act). The father of plaintiff no. 2 along with plaintiff no. 2 (the petitioner) brought a suit for declaration of title and confirmation of possession over the property described in schedule 'A' appended to the plaint and also for a declaration that the survey entry of the suit land in favour of the defendants was wrong. Father of the petitioner died during pendency of the suit. The defendants filed an application to the effect that the suit had abated under Sec. 4(c) of the Act. The plaintiff also filed a rejoinder. A copy of the rejoinder has been annexed as annexure '1' to this revision application. The relevant paragraph is quoted below.

(2.) The plaintiff also filed a report furnished by the Consolidation Officer, Arrah to show that the consolidation operation for village Rampur Nathia in Thana no. 40 had concluded and purchase had been distributed to the tenants of the village and on this basis also it was submitted on behalf of the plaintiff in the court below that the petition filed by the petitioner under Sec. 4(c) was fit to be rejected.

(3.) Admittedly the notification under Sec. 26A of the Act was not made till the date of the order as the copy of the notification was not produced by the plaintiff. It is well settled that the abatement of the suit under the provisions of Sec. 4(c) of the Act operates till the notification under Sec. 26A of the Act is published.