This is an application under section 4 [c] of the Bihar Consolidation of Holding and Prevention or Fragmentation Act, 1956 [Bihar Act, no. 22 or 1956] (hereinafter referred to as the Act). The prayer made by the appellants who are some of the defendants in the action is to the effect that this appeal as well as the suit in respect of Schedule 1 properties should be held to have abated under toe provisions of Section 4 [c] of the Act.

2. Admitted facts are these. The sole plaintiff, who is respondent no. 1, Instituted Title Suit no. 262 of 1973 on 18.1.1972 in the court of learned Subordinate Judge, Jehanabad. The relief’s sought in the suit were for a declaration of title, recovery of possession and mesne profits in respect of properties set out fully in Schedules 1 and 2 of the plaint. Admittedly the suit was decreed in respect of Schedule 2 properties on the basis of compromise with the consent of the parties concerned. The appellants were not concerned so far as Schedule 2 properties were concerned. The subject matter of this appeal, therefore, does not embrace Schedule 2 properties and so far as this appeal is concerned, we are not in seisin of the matter relating to Sc