JUDGMENT

Jagdish Sahai, J. - By means of this application it has been prayed by the Respondents that inasmuch as a dispute is pending between the parties before the consolidation authorities in respect of the Bhumidhari plots falling in the villages mentioned in the plaint giving rise to this appeal, the hearing of the present appeal be stayed under the provisions of Section 5 of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act).

2. Mr. Mohammad Hussain, who has appeared for the Applicant, places reliance upon Kushar v. Ahmad Khan 1962 AWR 391, Dalel v. Baroo 1963 AWR 230 FB, Smt. Ram Kuer v. Jangi 1964 ALJ 718 and Ram Lal v. Assistant Collector, Sadabad, District Mathura 1966 AWR 140.

3. This application is opposed by Sri Harish Chandra, who contends that the reliefs sought in this case cannot be granted by the consolidation authorities with the result that Section 5 of the Act would not apply and the hearing of the appeal cannot be stayed.

4. This arises out of suit No. 11 of 1948. The reliefs claimed in the plaint read:

(A) A decree for proprietary and actual possession in respect of 3/4th shares of the property made waqf and the property given in para 2 of