JUDGMENT

R.P. Gupta, Member (J.) - The present revision was filed by the plaintiff Sri Janardan Upadhyay against respondent Kesho Rai, Lalta Rai State of U.P. and Municipal Board Azamgarh through Collector. During the pendency of the case Respondent No. 1 and 2 Sarvasri Kesho Rai and Lalta Rai died and their heirs were substituted in their places.

2. Briefly stated facts of the case are that the plaintiffs Janardan, Ram Narain & Sita Ram s/o Prabhakar Upadhyay on 1-9-78 filed a suit under Section 229-B of U.P.Z.A. & L.R. Act. Regarding plot No. 347-M/421 area - 233 acres towards south situated in village Nibhi Tappa Harbanspur Pargana Nizamabad District Azamgarh, against the defendants Kesho Rai, Lalta Rai, Gaon Sabha Nibi through Pradhan and U.P Government through Collector. By notification the land in suit was included within the limit of Municipal Board Azamgarh with effect from 25-9-75. On 22-4-81 the village in suit was notified under Section 4-A (2) of U.P. Consolidation Act and the consolidation proceedings started in the village. The trial court vide its order dated 17-10-81 abated the suit under Section 5 (2)(a) of U.P.C.H. Act. The revision filed against this order was dismissed by Addl. Commissioner, Gorakhpur on 29-4-82, against which order the present revision was filed in this court.

3. I have heard the arguments of the learned counsel for the parties. While the learned counsel for the Revisionist argued that the suit should not have been abated as land in suit is now within the Municiple limit. He relied on 1990 R.D. 115 and 1988 R.D. 309. The learned counsel for the respondent justified the order of the learned trial court.

4. There is no dispute between the parties regarding the facts that the land in suit was included in Municiple Board, Azamgarh with effect from 25-9-75 and that notification under Section 4-A (2) of U.P.C.H. Act had taken place on 22-4-81. It was village before 25-9-75.

5. The question to be decided is whether the U.P. Consideration of Holdings Act will apply to the area which was village on 7th July, 1949 and will continue to be applied irrespective of the fact whether it was included subsequently into Municipal Board, Town Area etc. or it will cease to apply from the date area of the village was included in Municipal Board etc. Let us examine the position.

6. In Section 3 (2-A) of U.P. Consolidation of Holdings Act, 1953. 'Consolidation area' is defined as under :-

"Section 3 (2-A) 'Consolidation area' means the area, in respect of which a notification under Section 4 has been issued, except such portions thereof to which the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950 do not apply".

7. U.P.Z.A. & L.R. Act applies to the following land as provided under Section 1 (2) of the Act which is as under :-

"Section 1 (2) It extends to the whole of the Uttar Pradesh except the areas which, on the 7th day of July, 1949, were included in a Municipality or a notified area under the provisions of the United Provinces Municipalities Act, 1916 (U.P. Act 11 of 1916) on a cantonment under the provisions of the Cantonment Act, 1924 (U.P. Act 11 of 1924) or a Town Area under the provisions of the United Provinces Town Area Act, 1914 (U.P. Act 1 of 1914):

Provided that in relation to areas included in the Rampur Municipality, this sub-section shall have effect as if for the words and figures 7th day of July, 1949 the words and figures 31st day of July, 1949, were substituted therein :

Provided further that there any area which on July 7, 1949, was included in a Municipality, Notified Area, Cantonment or Town Area, cease to be so included therein at any time after that date and no notification has been made in respect thereto under Section 8 of the Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1956 -

(i) in case it has ceased to be so included at any time before June 29, 1971, this Act shall extend to such area from June 29, 1971, and

(ii) in any other case, this