Execution proceedings are not to abate u/s 5 of the U.P. Consolidation of Holdings Act because of the publication of the notification u/s 4(2) of the said Act.

U.C. Srivastava, J.

These connected revision applications between the same parties arise out of objections u/s 47 Code of Civil Procedure. The decree holder opposite party filed a suit for possession in respect of agriculture plots against judgment debtor in the year 1954 before the court of Munsif. The trial court dismissed the suit but appeal against the same was allowed by the first appellate court. Therefore, the decree holder moved an application for execution, the proceedings in which were stayed by the High Court before which a second appeal was preferred by the judgment debtor. The appeal was dismissed on merits in the year 1972, though before that, notification u/s 4(2) of the U.P. Consolidation of Holdings Act had been published.

2. The appeal was thus decided after the publication of the notification and it seems that before the High Court, the Appellant took a chance instead of applying for abatement of the appeal as well as the suit.

3. The execution proceedings, therefore, started and the judgment debtor filed an objection for abatement of the said proceedings on the ground that village had been notified under the U.P. Consolidation of Holdings Act. The said application was contested mainly on the ground that the decree became final and execution proceedings are not covered u/s 4(2) of the U.P. Consolidation of Holdings Act. The contention raised by the judgment debtor prevailed before the executing court, but in revision the revisional court took a contrary view and held that execution proceedings were not liable to abate.

4. As there was conflict between two decisions of this Court of Hon'ble Jagdish Sahai, J. and the other of Hon'ble S.N. Katju, J. who made a reference to the decision of Hon'ble Jagdish Sahai, J. this matter was referred to a Division Bench and that is why these revision applications came up for consideration before us. The question for consideration is as to whether the execution proceedings are also to abate u/s 5 of the U.P. Consolidation of Holdings Act because of the publication of the notification u/s 4(2) of the said Act.

5. Section 5 of the U.P. Consolidation of Holdings Act at the relevant time as it stood amended by U.P. Act No. XIII of 1965 and thereafter by U.P. Act No. XXI of 1966, reads as follows : “All proceedings for correction of the records and all suits for declaration of right and interests over land, or for possession of land, or for partition, pending before any authority or court whether of first instance, appeal, reference or revision shall stand stayed, but without prejudice to the right of the persons affected to agitate the right or interests in dispute in the said proceedings or suits before the consolidation authorities under and in accordance with the provisions of this Act and the Rules made thereunder. (ii) The findings of consolidation authorities in proceedings under this Act in respect of such right or interest in the land, shall be accepted by the authority or court before whom the proceedings or suit was pending which may, on communication thereof by the parties concerned, proceed with the proceedings or suit, as the case may be.”

6. Before 1965 Section 5 of the U.P. Consolidation of Holdings Act, as it stood substituted by U.P. (Amendment) Act No. XXIV of 1956 reads as follows:

5. Effect of declaration-When the declaration u/s 4 has been published in the Gazette, the consequences as hereinafter set forth shall from the date specified thereunder till the publication of the notification u/s 52 in the official Gazette to the effect that the consolidation operations have been closed, ensue in the area to which the declaration relates, namely, (a) the district or the local area, as the case may be, shall be deemed to be under consolidation operations from the specified date, and the duty of preparing and maintaining Khasra and the Annual Register, under Chapter III of the Land Revenue Act, 1901, shall stand transferred to the Settlement Officer (Consolidati