T.S. MISRA, J. :- This is an application for abatement of the appeal and the suit which has given rise to the appeal. The material facts for the purposes of this application may be briefly stated. The plaintiff filed a suit for cancellation of a sale-deed dated 15th June, 1964, executed by him and Ali Kabir in favour of the defendant in respect of the property detailed at the foot of the plaint so far as it pertained to his share therein. The Trial Court dismissed the suit, but in appeal, it watt decreed and the sale-deed in question was cancelled to the extent of the plaintiffs, share in the property in dispute. The decision of the appellate court below was given on 18th May, 1972. Against that decision, the defendant filed a second appeal in this Court on 11th July 1972 However, before the second appeal was filed a notification under Section 4 of the U.P Consolidation of Holdings Act was published on 21st May, 1972, in respect of the village where the land in dispute is situated. The appellant, therefore, filed an application that the suit and the appeal be ordered to have abated under Section 5 of the said Act. The plaintiff-respondent in his counter-affidavit has admit