SUKHILAL SAH Vs. ANGRAHIT JHA

JUDGEMENT

(1.) The petitioner-plaintiff in the court below, filed Title Suit No. 203/97 of 1974/77 against the opposite party-defendant for specific performance of contract for sale on the basis of a registered agreement dated 30th March, 1974. According to the petitioner, the agreement was to the effect that the opposite party would sell his land having an area of 4.27 acres in village Parsurampur for Rs. 20,497.50 paise. The details of the land were mentioned in the plaint. On the date of the execution of the agreement, a sum of Rs. 2,500/- was also paid to the opposite party. The agreement provided that the opposite party would execute the sale deed by the end of Jeth, 1974, and the advance would be adjusted towards the total consideration.

(2.) During the pendency of the suit the opposite party filed a petition on 16th January, 1978, to the effect that the suit had abated in view of the provisions of Section 4 (c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956) to which a rejoinder was filed by the petitioner. By order dated 18th February, 1978, Shri M.A. Mohnavi, 4th Additional Subordinate Judge, Sasaram, held that the suit was covered by the provisions of Section 4 (c) of the Consolidation Act and, hence, had abated.

(3.) Aggrieved by the aforesaid order the plaintiff-petitioner has filed this revision application. It is not disputed that on the basis of a gazette notification dated 17th January, 1972, consolidation operations have started in village Parsurampur and are continuing.