Hari Swarup, J.

1. (For self and for P. N. Bakshi and M. P. Mehrotra, JJ.) :- Two second appeals arising out of suits for cancellation of sale deeds came up before a learned single Judge of this Court. A writ petition arising out of consolidation proceedings concerning the same land in respect of which the sale deeds had been questioned also came up for hearing. The learned single Judge after hearing the learned counsel FOR the parties has referred the following two questions for our opinion :

"1.Whether a suit for cancellation of a voidable sale deed relating to an agricultural plot pending in civil court will abate under Section 5 (2) of the U. P. Consolidation of Holdings Act after issue of a notification under Section 4 of that Act with respect to that village.

2. If the sale deed relates to a house and also to agricultural plots and the answer to the first point is in the affirmative, what will happen to the case in so far as it relates to the sale of the house."

The necessity of referring the question arose because of a decision of a Division Bench of this Court in J. N. Shukla v. S. R. Pande, 1969 AWR 435. In that decision it was laid down that a suit FOR cancellation o