PACHIYA DEVI Vs. BISHUNDEO PRASAD SINGH

JUDGEMENT

(1.) The defendants have preferred this appeal against the concurrent judgments of the two courts below declaring that the Kebala executed by the Shebait on 17 -7 -1956 is null and void and invalid Consequently the deceased defendant no. 1, the vendor, had not acquired any title and the same is neither binding on the deity nor on the Asthal.

(2.) The suit land comprising Schedule 1(a) and Schedule 1(b) to the plaint is admittedly an orchard.

(3.) When the case came up for hearing before a single Judge, Mr. Sudhir Chandra Ghose, Senior Advocate took a preliminary point that in view of Sec. 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act') the suit and the appeal have abated in consequence of the notification dated 6 -9 -1975 issued under Sec. 3 of the Act whereupon the case was referred to a division Bench for an authoritative decision whether the suit in relation to an orchard also abates under the provisions of the Act.