VYAS SINGH Vs. SINGAL MAHTO

JUDGEMENT

(1.) Defendants first party are the petitioners. Their application that the suit filed by the plaintiff-opposite party no. 1 has abated under Section 4 (c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (the Act for short) has been rejected by the court below. That has been impugned in this application.

(2.) Opposite party no. 1 filed the suit for declaration of title and confirmation of possession and also for permanent injunction. The petitioners contested the suit. They, inter alia, contended that as there has been notification under Section 3 of the Act declaring the intention of the State Government to make a scheme for consolidation of holdings in the area in which the land in question is situate, the suit has abated under Section 4 (c) of the Act. The opposite party no. 1 filed an application for amendment of the relief prayed in the plaint. That was allowed and the prayer for declaration of title was substituted by the prayer for declaration that the order under Section 145 of the Criminal Procedure Code was not binding on him. After this amendment, the application of the petitioners was heard by the court below. The court below was of the opinion that as it was no longer a suit for declaration of title the civil court has jurisdiction to proceed with the suit and it has not abated under Section 4 (c) of the Act.

(3.) Learned counsel for the petitioners submitted that notwithstanding the substitution of the original relief of declaration of title by the relief for declaration that the order passed under Section 145 of the Criminal Procedure Code was not binding on the opposite party no. 1, Section 4 (c) of the Act was attracted, it must be held that the suit has abated. Learned counsel for opposite party no. 1 submitted that since it was no longer a suit for declaration of title and the prayer is for permanent injunction, the order of the court below cannot be interfered with. Reference at the Bar was made to Ramkrit Singh v. State of Bihar, AIR 1979 Patna 250 1979 :BLJ 354 (FB) and Duruju Maltick v. Krupa-Sindhu Swain ; AIR, 1985 Orissa 202.