CHATURBHUJ PRASAD SINGH Vs. SARYU PRASAD SINGH

JUDGEMENT

(1.) Whether or not a suit and a proceeding in respect of declaration of rights or interest in any land shall partially abate under Section 4(c) of the Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the 'Act') is the question which has come up for consideration in this case.

(2.) The Act provides for consolidation of holdings and prevention of fragmentation of land. Section 3 of the Act provides that with the object of effecting consolidation of holding for the purpose of better cultivation of land in any area, the State Government may, declare its intention to make a scheme for consolidation of holdings in that area by a notification in the official Gazette. Section 4 enumerates the consequences that may ensue in the area to which the notification under section 3(1) of the Act relates from the date specified in the notification till the close of consolidation operations. The consolidation operation closes by issue of a notification envisaged in section 26 of the Act. One of the consequences is enumerated in section 4(c) of the Act which reads as under :-

(3.) A plain reading of Section 4 of the Act itself provides the answer to the question posed in this case. The words "any land lying in the area" occurring in Section 4 of the Act are significant. Reading it along with Section 3(1) of the Act the consequences that follows is that upon publication of a notification under Section 3(1) of the Act, a suit in respect of declaration of right or interest in "any land lying in the area" for which the Government has declared its intention to make a scheme for consolidation of holdings shall not proceed and shall abate. It follows that there shall be no abatement of any suit in respect of any land lying outside the area of consolidation operations. If in a composite suit, the suit relating to reliefs unconnected with the declaration and determination of title to a land does not abate in relation to such controversy, there is no reason why in a suit of this nature, the suit in relation to the properties in respect of which there is no notification under Section 3(1) of the Act, shall abate. In my opinion, therefore, a suit or a proceeding can partially abate. It will abate in respect of the lands lying in the area in respect of which the Government has declared its intention to make a scheme for a consolidation of holdings by a notification in official Gazette under Section 3(1) of the Act. It will not abate in respect of any land for which there is no such notification.