A suit for permanent injunction, which does not involve a declaration of title or right, would not stand abated by Section 5(2) of Act, 1953.

Heard Sri G.S.Nigam, learned counsel for the petitioner and perused the record.

2. The respondent no.2 instituted a suit under Section 229-B of U.P.Zamindari Abolition & Land Reforms Act, 1951 (hereinafter referred to as "Act, 1951") impleading Gaon Sabha, Mahinaura and State of Uttar Pradesh seeking declaration that disputed plot no.1259 area 10 bigha 7 biswa is his bhumidhari land with transferable rights. A notification under Section 4 of Consolidation of Holdings Act, 1953 (hereinafter referred to as "Act, 1953") was issued and thereafter aforesaid suit stood abated on 17th February, 1992 under Section 5(2) of Act, 1953.

3. Thereafter aforesaid respondent no.2 instituted another suit in the Court of Munsiff, North, Unnao against petitioners seeking an injunction restraining petitioners from forcibly interfereing in peaceful enjoyment and possession of respondent no.2 upon the land no.1259 (old no.1477) measuring 10 bigha 7 biswa situated in Gram Mahnaura, Pargana Gosinda Parsandan, Tehsil Hasanganj, District Unnao.

4. The petitioners put in appearance and filed their objections stating that dispute relates to a property which is actually owned by petitioners and since there is a title dispute, suit is not maintainable and must be held to be abated under Section 5(2) of the Act, 1953. The objection raised by petitioners found favour with Trial Court and it passed order dated 21st May, 1994 abating the suit under Section 5(2) of Act, 1953. But the aforesaid decision has been reversed by lower Appellate Court by allowing civil appeal no.72 of 1994 filed by respondent no.2.

5. Learned counsel for the petitioners submitted that in the present case unless dispute/issue of title is decided, no injunction can be granted and therefore judgment of Trial Court abating suit was perfectly right but lower Appellate Court has committed error in taking a view otherwise. He placed reliance on Apex Court's decision in Ram Adhar Singh Vs. Ramroop Singh & Ors., AIR 1968 SC 714 and this Court's decisions in Zor Singh & Ors. Vs. Hukum Singh & Anr., 1971 RD 331, Ram Lakhan & Ors. Vs. Gaon Sabha Kusmahara, & Ors., 1983 RD 29 and Smt. Barsatiya Vs. District Judge, Ghazipur, 1984 RD 156 and contended that in view of aforesaid authoritative pronouncement of Apex Court and this Court, judgment of lower Appellate Court is liable to be set aside.

6. The only issue up for consideration, whether suit in question would stand abated by Section 5(2) of Act, 1953.

7. Section 5(2)(a) of Act, 1953, relevant for our purpose of Act, 1953, reads as under:

"(2) Upon the said publication the notification under Sub-section (2) of Section 4, the following further consequences shall ensure in the area to which the notification relates, namely :

(a) every proceeding for the correction of records and every suit and proceeding 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 passed in that behalf by the Court or authority before whom such suit or proceeding is pending, stand abated :

Provided that no such order shall be passed without giving to the parties notice by post or in any other manner and after giving them an opportunity of being heard :

Provided further that on the issue of a notification under sub-section (1) of Section 6 in respect of the said area or part thereof, every such order in relation to the land lying in such area or part as the case may be, shall stand vacated."

8. A perusal of above shows that upon publication of notification under Section 4(2) of Act, 1953, suit and proceedings of specified nature pending before any Court or authority shall abate. The kinds of cases which would stand abated by virtue of Section 5(2) upon publication of notificatio