HARDAYAL Vs. MADANLAL

JUDGEMENT

(1.) THE question for determination in this appeal is whether this appeal alone must stand abated under sec. 5 (2) (i) of the Rajasthan Zamindari and Biswedari Aboliton Act, 1959 (Act. No. 8 of 1959) (hereinafter called the Act of 1959) read with the Rajasthan Zamindari and Biswedari Abolition Rules, 1959 (hereinafter called the Rules), or the entire suit out of which this appeal has arisen must abate.

(2.) THE appellants before me were the defendants in the suit. THE plaintiffs instituted this suit for specific performance of an agreement to transfer certain land to them which, as alleged, had been entered into between the parties on the 10th June, 1955. Both courts below have decreed the suit. THE decree of the lower court of appeal is dated the 14th August, 1959-THE present appeal was filed in this court on the 19th Nov. 1959. In the meantime the Act of 1959 came into force on the 1st Nov. , 1959. It is no; disputed before me that the land with reference to which this litigation has arisen being situated in the Gang Canal Area falls within the mischief of the Act of 1959. It is also conceded that under cl. (1) of sec. 5 (2) of the Act of 1959, the present appeal was rightly stayed by an order of this Court dated the 12th May, 1960. THE further question which has been strenuously canvassed at the bar of this Court is whether this appeal was competent at all and, therefore, should be dismissed as in-fructuous, or whether the entire suit out of which this appeal has arisen must be ordered to have abated.