Sarwar Ali, A.C.J. :

This application in revision is directed against an order where it has been held that Title Suit 190 of 1969 bas abated under the provisions of section 4(1)(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act. 1956 (hereinafter referred to as the 'Act').

2. The plaintiffs-petitioners brought a suit for declaration of title and recovery of possession in respect of the suit property. There was also claim for mesne profits and for permanent Injunction restraining defendants first party from constructing a pucca building on the suit land or changing the status quo. During the pendency of the suit an application was filed stating that as the consolidation proceedings were going on in the village in question the suit bad abated. The plaintiffs filed a rejoinder contesting the applicability of the aforesaid provisions. As already stated the contention of the plaintiffs has been overruled. Hence this revision application.

3. The contention that was raised before the learned Munsif was that the disputed land was homestead and hence section 4(1)(c) of the Act did not apply. In this Court also the same stand has been taken by the petitione