PERMESHWARI DEVI Vs. SOBHA DEVI

JUDGEMENT

(1.) Before going to the merits, learned counsel for the appellants pressed before me his application filed in this Court on 20-5-80 and contended that in view of the provisions under S.4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act) the appeal in this Court, the appeal in the court below and the suit have abated. He has relied upon notification issued in this regard on 12-10-1972 under section 3 of the Act and the fact that the land in dispute although 38 decimals in area is bakasht, and thus used for agricultural purposes. Learned counsel for the respondents in their separate contentions, however, have disputed the claim of the appellants that the appeal and the suit have abated. The parties have been heard at length.

(2.) By Bihar Act 27 of 1975 substantial amendment was introduced in the Act including the provisions contained in (S.4(1)?) Cls.(b) and (c) thereof which runs as follows :-

(3.) Mr. B. K. Roy as also Mr. Sachidanand Jha, learned counsel for the respondents, however, have contended that: