Sarwar Ali, A.C.J.

This application in revision is directed against an order of the learned Munsif 2nd Court, Sasaram, where in it has been held that the suit being mortgage suit no. 229/66 has not abated under the provisions of section 4(1)(c) of the Bihar consolidation of Holdings and Prevention of Fragmentation Act, 1956 (here in after referred to as the ‘Act’. The plaintiffs opposite party brought a suit for redemption of lands mortgaged to the defendants, the same being mentioned in schedules C. and D. of the plaint. In the plaint it was stated that schedule Chad been mortgaged under a registered deed dated 13.6.1936 and schedule D lands under oral mortgage. The plaintiffs stated that the amount of mortgage was tendered but the same not having been accepted the amount has been deposited in the court and the suit has been instituted for redemption of the mortgage and for recovery of possession and mesne profits. It may be stated here that the relief regarding the recovery of possession and mesne profits are ancillary reliefs and the main relief is the relief of redemption.

2. The defence of the defendants was that the plaintiffs are strangers to the family of the original mortgagor and that there is no relationship of mortgagor or mortgagee between the parties. The defendants are raiyats of the land and they are in possession in their own right.

3. The defendants filed an application under Section 4(1)(c) of the Act stating that as the consolidation proceedings were going on in the village in which the lands were situate the suit had abated under the aforesaid provisions. They accordingly prayed that suitable orders be passed under the aforesaid provision. A rejoinder was filed in which it was contended, interalia, that the suit of the nature as filed by the plaintiffs does not abate under section 4 (1)(c) of the Act. The learned Munsif has accepted the contention of the plaintiff is. Hence this civil Revision application.

4. In ardor to appreciate the contention of the learned counsel it may be appropriate to refer to the preamble and some of the provisions of the Act. The preamble States that the Act is :

"An Act to provide for the consolidation of holdings and prevention of fragmentation."

Consolidation has been defined in section 2(3) to include-arrangement of parcels of land comprised in a holding or different holdings for the purpose of rendering such holdings, more compact. Explanation to the aforesaid section states some of the exceptions. Section 3 states that with the object of effecting consolidation of holdings for the purpose of better cultivation of lands in any area the State Government may by notification in the official gazette declare its intention to make a scheme for consolidation of holdings in that area. Section 4 (1)(c), so far, as relevant, is as follows : -

"(c) every proceedings 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 pissed in that behalf by the court or authority before whom such suit or proceeding is pending stand abated.

Section 9 envisages preparation of register of land. It states that the register of land belonging, to raiyats shall contain t he following particulars, namely.

"(a) the name of the raiyat;

(b) the areas the serial numbers of the plots of land held by the raiyat:

(c) classification of each plot according to its produce:

(d) the areas and serial numbers of the plots of land held by raiyats, if any having right of occupancy therein:

(e) the area and serial numbers of the plots of land held by raiyats, If any having no right of occupancy therein.

(f) the valuation of each plot;

(g) the valuation of all structures, trees, bamboos clump