1975 JTR(SC) 77
1975 AIR(SC) 1499 ; 1975 RD 71 ; 1975 4 SCC 457 ; 1975 1 SCWR 359 ; 1975 UJ 255 ; 1975 UJ 25501 ; 1975 KHC 904

SUPREME COURT OF INDIA
V.R. KRISHNA IYER, R.S. SARKARIA AND A.C. GUPTA, JJ.
Chattar Singh and others, Appellants
Versus
Thakur Prasad Singh, Respondent.
Civil Appeal No. 57 of 1968. D/21-2-1975. 1500


Act Referred :UTTAR PRADESH CONSOLIDATION OF HOLDINGS ACT : S.5(2)(a), S.4

Consolidation of Holdings Act, 1953 - Section 4 and 5 (2) (a) - Civil Appeal - Statutory Abatement of Suit - Appeal relates to a suit and at a later stage thereof certain remedies were sought under the U. P. Consolidation of Holdings Act as amended by U. P. Act 21 of 1966 - During pendency of the appeal in this Court, a notification has been issued under S. 4 of the Act - By virtue of the operation of Section 5 (2) (a) of said Act, there is a statutory abatement of suit and other proceedings pending there from – Held, Court held that even appeals pending before this Court will abate consequent on above statutory provision - Appellants have moved in C.M.P for passing an order of abatement under S. 5 of U. P. Consolidation of Holdings Act - Counsel for the respondent faced with the decision of this Court and the clear statutory provision agrees that stand taken by appellants is correct. We therefore hold that the suit and the appeal stand abated - It is open to parties to work out their rights before appropriate Consolidation Authorities - With this direction, the appeal is disposed of as abated - Parties will bear their costs throughout - Order accordingly.

Judgment

KRISHNA IYER, J.:- The appeal relates to a suit and at a later stage thereof certain remedies were sought under the U. P. Consolidation of Holdings Act, 1953 as amended by U. P. Act 21 of 1966. During the pendency of the appeal in this Court, a notification has been issued under S. 4 of the Act. By virtue of the operation of Section 5 (2) (a) of the said Act, there is a statutory abatement of the suit and other proceedings pending therefrom. This Court has in Ram Adhar Singh v. Ramroop Singh, (1968) 2 SCR 95 held that even appeals pending before this Court will abate consequent on the above statutory provision. The appellants have moved in C.M.P. NO. 19 of 1975 for passing an order of abatement under S. 5 of the U. P. Consolidation of Holdings Act. Counsel for the respondent faced with the decision of this Court and the clear statutory provision agrees that the stand taken by the appellants is correct. We therefore hold that the suit and the appeal stand abated. It is open to the parties to work out their rights before the appropriate Consolidation Authorities. With this direction, the appeal is disposed of as abated. Parties will bear their costs throughout.

Order accordingly.

For Citation : AIR 1975 SC 1499

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