SHEO NARAIN Vs. SHANKAR

JUDGEMENT

(1.) THIS is a defendants' second appeal in a suit for pre-emption. It is admitted that the parties are Biswedars who lived at all material times in village Kaliahora, Tehsil Behrore, District Alwar. It is unnecessary to narrate the facts leading up to this appeal beyond saying that the plaintiff's suit for pre-emption Was decreed on certain terms by a judgment and decree of the Civil Judge, Alwar in appeal. A preliminary objection has-been raised on behalf of the respondent that this appeal cannot be proceeded with and must be abated by virtue of the provisions of the Rajasthan Zamindari and Biswedari Abolition Act, 1959, (Act No. 8 of 1959) (hereinafter referred to as the Act of 1959 ). THIS Act was enacted, as its preamble says, to provide for the abolition of and the acquisition of the right, title and interest in, estates held by Zamindars and Biswedars in the State of Rajasthan and for other matters connected therewith, and came into force on the 1st November, 1959. THIS objection having been raised on the 6th January, 1960, opportunity was allowed to learned counsel for the appellants to meet it, and this is how the case has come up for hearing today.

(2.) THE relevant portion of sec. 5 of the Act of 1959 reads as follows : - "5. Consequences of abolition : - (1) After the issue of a notification under sub-sec. (l) of sec. 3 no right shall be acquired in or over any land in an estate affected thereby except by succession or under a grant or contract in writing made or entered into by or on behalf of the State Government and no fresh clearings for cultivation or for any other purpose shall be made in such land by or on behalf of the holder of such estate otherwise than in accordance with rules made by the State Government in this behalf. (2) And form the date of vesting of any Zamindari or Biswedari estate in the State Government, notwithstanding anything contained in any contract, grant or other document or in any law for the time being in force but save as otherwise provided in this Act - (a) Such estate shall stand transferred to, and vest in the State Government free from all encumbrances ; (b ). . . . . . . . . . . . . . . . . . (1) subject to any rules made in this behalf, all suits and proceedings relating to such estate pending in any court, civil or revenue, at the date of vesting, and all proceedings consequent upon any decree or order passed in any such suit or proceeding before such date, shall be stayed ; (m ). . . . . . . . . "

(3.) THE result, therefore, is that this appeal 'has to be stayed under clause (1) of sub-sec. (1) of Sec. 5 of the Act of 1959, and having so done, this Court cannot but abate it, under R. 3 of the Rajasthan Zamindari and Biswedari Abolition Rules, 1959. Having regard to the circumstance that this entire litigation has abated by virtue of a supervening Act of Legislature, I would leave the parties to bear their own costs throughout. .