(1.) This revision by the defendants is directed against the order dated 7th January, 1981, passed by the Additional Munsif, Arrah, in title suit No. 159 of 1979, holding that the suit has not abated under Sec. 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act 12 of 1956), (hereinafter referred to as 'the Act'). This revision was placed for hearing before a learned single Judge, but by order dated 20th November 1982, he referred the case to a Division Bench and that is how it has been placed before us for hearing. The aforesaid suit has been filed for a declaration that the deed of gift dated 6th April 1977 purported to have been executed by the plaintiff was illegal, null and void, fraudulent, fabricated and a collusive document and was without consideration and, therefore, had not affected the plaintiff.
(2.) The plaintiff's case, in, short, is that the plaintiff had developed intimacy with the defendant and had full confidence upon him. It has been averred that taking advantage of the aforesaid situation, the plaintiff, who was a patient of Asthama, used to take medicine on the advice of the defendants, who helped him in his treatment. It has further been stated that, while the plaintiff used to take some drugs, on the advice of the defendants, he used to get relief of the pain of Asthama to some extent and used to develop intoxication. It is further stated that in that state of intoxication he used to loose his full senses of understanding and while he was in that state, the defendants got a deed of gift executed by him on 6th April, 1977. In substance, it is under these allegations that the plaintiff has sought for the aforesaid declaration. Thus the plaintiff who is the executant of the document wants to avoid it on the aforesaid allegations.
(3.) During the pendency of the suit, the defendants -petitioners filed an application in the court below under Ss. 4(b) and 4(c) of the Act praying therein to hold that the suit has abated as a consolidation proceeding is going on in village Sundarpur Barza where the lands covered by the deed of gift are situate. A rejoinder was filed by the plaintiff -opposite party to the said application. The matter was heard by the court below and after hearing, the court below passed the impugned order by which it has held that the suit had not abated.