DINA NATH MISHRA Vs. RAMDHARI PANDEY

JUDGEMENT

(1.) This application by the petitioner is directed against the order of the learned Munsif, dated 15th December, 1977 whereby he has held that the plaintiff's suit has abated under section 4 (1) (c) of the Consolidation of Holding and Prevention of Fragmentation Act, 1956 (briefly 'the Act').

(2.) The plaintiff has tiled a suit (Title Suit no. 8 of 1965) for declaration of his title to and recovery of possession of a house standing over ten decimals of land appertaining to cadastral survey plot no. 109 situated in village Paramanpur in the district of Bhojpur, along with other incidental reliefs

(3.) The learned Munsif has simply gone on the definition of 'land' as defined under section 2 (9) of the Act. By a supplementary affidavit the petitioner has further asserted that the property in suit has been chalked out of the consolidation proceeding. A certificate granted by the consolidation officer, dated 24th March, 1979 has also been filed as Annexure 1 along with the supplementary affidavit.