SITA RAM BHARATI Vs. BHAIRO BHARATI

JUDGEMENT

(1.) This is a plaintiff's application against the order dated 21-12-1979 passed in Title Suit No. 210 of 1968 by which the court below has held that the suit had abated under the provisions of Section 4 (c), Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act').

(2.) The petitioner instituted a suit for redemption in respect of 11 Bighas 7 kathas and 7 dhurs after depositing the mortgage money in court under the provisions of Section 83, T. P. Act, This suit was numbered as Title Suit No. 210 of 1968. According to the petitioner, defendants 1 and 2 did not agree to receive the mortgage money and thereafter the petitioner deposited the same in the court and obtained a decree in Miscellaneous Case No. 89 of 1967 filed under Section 83, T. P. Act. It is thereafter that the present suit was instituted by the petitioner when the opposite party did not withdraw the aforesaid mortgage money.

(3.) Admittedly, the consolidation proceedings have started in the area where the suit land is situate. Even though opposite party No. 2 has not challenged the petitioner's right of redemption, he filed a petition to the effect that the suit had abated under the provisions of Section 4 (c) of the Act. The court below, by the impugned order, has held that the suit was hit by the provisions of Section 4 (c) of the Act end hence this application in revision.