MAHANTH KISHUN DAS Vs. PHOOL KUMARI

JUDGEMENT

(1.) This revision under Section 115 of the Civil Procedure Code has been filed by the plaintiff against an order dated 17.12.1977 passed in title suit No. 83 of 1956/4 of 1977 by the 1st Addl. Subordinate Judge, Rajipur, holding that the title suit has abated under Section 4(c) of Bihar Consolidation of Holding and Prevention of Fragmentation Act 1956 (Bihar 22 of 1956)(hereinafter to be called as the said Act).

(2.) It appears that the plaintiff-petitioner has filed the aforesaid title suit, inter alia, for the relief for a declaration that the property of Schedule I of the plaint is the property of Amgola Math and that neither Dharam Dass nor Mahanath Hari Das had any right to permanently settle the suit lands and for a further relief for recovery of possession and means profits. When the evidence in the said suit was going some of the defendants opposite party filed an application on 23.11.1977 under Section 4(c) of the said Act with a prayer.

(3.) Mr. S.C. Mukherjee learned Counsel appearing for the petitioner, fairly conceded that the impugned order so far as it relates to all the lands other than orchard and the Math cutcherry building have abated and therefore he would not challenge the impugned order so far as those lands are concerned. He has challenged the abatement order in relation to the orchard lands and the Math cutcherry building. It is said that the Math building is situated over plot No. 281.