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1982 Supreme(Pat) 86

B.P.JHA
Bhagwan Das – Appellant
Versus
Gulab Singh – Respondent


Judgment

1. This civil revision petition arises out of an order dated 19th April, 1978.

2. In appeal, the lower appellate court held that the appeal was not hit by Sec. 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956

(hereinafter referred to as the Act) which runs as follows: "4. XX XX XX XX (c) every proceeding for the correction of records and every suit and proceedings in respect of declaration of rights or interest in any land lying in the area or for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under this Act, pending before any court or authority whether of the first instance or of appeal, reference or revision, shall, on an order being passed in that behalf by the court or authority before whom such suit or proceeding is pending stand abated XX XX XX"

3. On a perusal of this section, it is clear that every suit and proceedings in respect of declaration of rights or interest in any land lying in the area where the notification has been made under Sec.3 of the Act shall abate under S.4(c) of the Act. In my opinion, only such suit, appeal, reference or revision shall abate if such a s









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