The abatement of the suit under the U.P. Consolidation of Holdings Act when the villages were notified under section 4 and the finality of the findings of the Consolidation Court.

JUDGMENT :

Siddhartha Varma, J.

The plaintiff-appellant filed a suit being Original Suit No.575 of 1994 with a relief for permanent injunction restraining the defendants therein from interfering with the suit property and also for a declaration that the will dated 21.6.1987 be declared a null and void document.

2. The plaintiff had claimed that she was bhumidhar with transferable rights of plot no.81 area 3 decimal, plot no.39 area 11 1/2 decimal of village Chamav, Pargana Athgavan, District Varanasi. Along with these plots, she had also claimed that she was bhumidhar with transferable rights of plot no.1 area 28 decimal, plot no.8 area 34 1/2 decimal, plot no.21 area 11 decimal, plot no.245 area 4 decimal, plot no.248 area 5 2/3 decimal of village Paschimpur, Pargana Athgavan, District Varanasi. Further, she had claimed that she was bhumidhar with transferable rights of plot no.108 area 8 1/3 decimal, plot no.111 area 9 1/3 decimal, plot no.270 area 13 1/3 decimal of village Koiran, Pargana Athgavan, District Varanasi. She had claimed being bhumidhar with transferable rights on account of the fact that her father Sankatha Prasad, who had inherited the above plots from his father Sri Deep Narain Lal, had gifted the property to her (plaintiff) on 13.6.1969. Thereafter she had got her name mutated on account of the gift deed in March 1970 and she was in possession over the suit property. She had claimed that the defendant no.1-Ashok Kumar in collusion with the other defendants had got an unregistered will dated 21.6.1987 prepared in his favour and after the plaintiff's father died, he had moved an objection before the Consolidation Officer, after the village was notified under section 4 of the U.P. Consolidation of Holdings Act, 1963. The defendants had contested the suit and thereafter the Trial Court after framing as many as six issues, decreed the suit in favour of the plaintiffs. The Appellate Court on the appeal being filed by the defendant no.1-Ashish Kumar, however, allowed the appeal stating that since the plaintiff had not proved the gift deed in accordance with law, the first appeal had to be allowed. The suit was, thereafter, dismissed.

3. The instant Second Appeal when it was filed, the following substantial questions of law were framed :-

"(1) Whether the Court below was justified in holding that the registered gift-deed dated 13-6-1969 was not proved?

(2) Whether the Court below was justified in holding that the Will in question executed by Sankatha Prasad has been proved in accordance with law?

(3) Whether the Court below after having found that the Will is void, was justified in dismissing the suit as the plaintiff was otherwise an heir of Sankatha Prasad, being the daughter?"

4. When final arguments commenced, on 1.5.2019 this Court passed the following order:-

"The plaintiff filed a suit being Suit No. 575 of 1994 in the year 1994. Simultaneously the respondent Ashok Kumar also filed his objection to the basic year entries when the village was notified for consolidation. On 1.7.1994, the Consolidation Officer found that the two sisters Satya Devi and Gulabo Devi were bhumidhars. However, the Revisional Court on 5.9.1997 remanded the matter to the Consolidation Officer after allowing the Revision and setting aside the order dated 1.7.1994.

The question, at this stage, therefore, for consideration would be :-

I. Whether the Civil Court on 9.2.2004 could have adjudicated the suit during the period the village was under consolidation.

II. Whether the Appellate Court could have entertained the Appeal at all.

Put up this case on 14.5.2019."

5. Thereafter when the counsel for the appellants and the respondents addressed the Court on 15.5.2019, they both submitted their "Dates & Events Chart" which were made a part of the record of the Second Appeal and it so transpired that section 4 notifications vide villages Chamav, Paschimpur and Koiran, district Varanasi were issued in the year 1992-93. Notification under section 52 of the Act