JAGDISH SAHAI, J. :- This special appeal is directed against the judgment of V. G. Oak, J. (as he then was) dated 20-4-1962, allowing writ petition no. 3564 of 1958.

2. The plots in dispute in this case are situated in village Hansrajpur, district Allahabad. It is under consolidation operations. Before the village was notified for consolidation operations under section 4 of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act), a revenue suit had been filed in the court of the Assistant Collector Ist class by Smt. Hubraji, the respondent to this special appeal and the petitioner in the writ petition mentioned above. One of the allegations of Smt. Hubraji was that she was the Bhumidhar of the disputed plots.

3. The learned Assistant Collector, therefore, remitted an issue to that effect to the Court of the Munsif (East), Allahabad for decision. The Munsif recorded his finding on that issue on 24-7-1957 holding that Smt. Hubraji was the Bhumidhar of the plots in dispute.

4. However, before the revenue suit mentioned above could be decided by the Assistant Collector Ist class, the village came under consolidation operations and the hearing of that suit was