RAMDHARI LATH Vs. KISHAN LAL AGARWAL

JUDGEMENT

(1.) The point for decision in the present case is: Whether the provisions of Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act') apply to an execution proceeding

(2.) The answer must be given in the negative. In Money Execution No. 1 of 1973, an application under Order 21, Rule 58 of the Code of Civil Procedure (hereinafter referred to as 'the Code') was filed for releasing the subject-matter of the execution proceeding from attachment. The Court below was of opinion that the provisions of Section 4(c) of the Act will apply to the execution proceeding. The Court was also of opinion that as the Court will have to adjudicate in respect of the right, title and interest in the properties sought to be released from attachment, and, as such, the execution proceeding will also abate under Section 4(c) of the Act.

(3.) In this connection, learned Counsel for the petitioners has relied on a decision of the Allahabad High Court in Ram Bharose Lal v. Sukhdei and Ors. . In that decision, the Allahabad High Court has held that the Consolidation authorities have no authority to decide as to whether a particular plot is liable to attachment and sale in execution of a decree or not. It is only the Civil Court which can decide such a matter. In my opinion, since no relief can be granted 10 the petitioner by the consolidation authorities, as such a proceeding is not hit by Section 4(c) of the Act.