S. S. Sandhawalla, C. J. - Whether a composite suit pertaining to lands, which partly fall within the definition in section 2(9) of the Bihar Consolidation of Holdings and Prevention of Fragmentation; Act, 1956 and partly lie beyond its ambit, would abate at all; and if so, either wholly or partially under section 4(c) of the said Act, is the somewhat intricate, question necessitating this reference to the Division Bench.

2. Since the primary and, indeed, the sole issue herein is one of abatement, iris unnecessary to delve too deeply into the somewhat tangled facts. The plaintiff appellant, Bettiah Estate, had brought the title suit for eviction of the defendant from the lands measuring 23.16 acres (situated in village Narainpur police station Bagaha, district West Champaran) including the industrial establishment of a saw mill with all its appurtenances of a yard attached thereto as also out houses, store houses and residential quarters for the workmen, etc. It was the case that the said saw mill had been closed down by the State and was advertised for sale and was purchased by Messrs Hari Ram Bholi Ram; However, the said purchasers, instead of removing the saw mill mach