JUDGMENT

D.S. Mathur, J. - This is an appeal by Dahdeo Singh defendant, against the order of the Civil Judge of Ghazipur setting aside the order of abatement under Section 5 (2) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act) passed by the Munsif Saidpur at Ghazipur and at the same time remanding the suit for a fresh hearing after recording the evidence of the parties. The learned Civil Judge also held that the appeal preferred against the order of abatement was maintainable.

2. Even if no appeal lay against the order of abatement passed by the Munsif this Court can in exercise of its revisional jurisdiction consider suo motu the legality of the order of abatement passed by the Munsif and if it be found that the order is against the law and the learned Civil Judge had passed a correct order on merits, this Court can by dismissing the F.A.F.O. maintain the order of the Civil Judge.

3. The material facts of the case are that the present suit for the demolition of the unauthorised constructions on agricultural land and in the alternatively for possession was instituted in 1963 at a time consolidation proceedings were pending in the village. The notificati