R.N. Misra, J. - (1.)THIS application under Section 115 of the Code of Civil Procedure is by the Plaintiff whose suit for title possession and other consequential relief has been held to have abated in view of the provisions of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 21 of 1972 (hereinafter referred to as the 'Act') by the learned Munsif.
(2.)DEFENDANT made an application in the trial Court that the appropriate notification under Section 3 of the Act having been issued in respect of the village where the disputed property is located, the suit has to abate. Plaintiff resisted the application by contending that the disputed property being homestead land did not come within the mischief of the statute and, therefore, Defendant's application was liable to be rejected, On an examination of the provisions of the statute, the learned Munsif has come to hold that even homestead land comes within the purview of the Act and, therefore, the present suit has to abate in terms of Section 4(4) of the Act.
There is no dispute that the disputed property is homestead land nor is there a dispute that there has been a notification as provided under Section 3(1) of the Act. Counsel for parties also do not dispute the position that if the disputed property would be covered by the provisions of the statute, abatement would be the consequence in the facts of the base. The only question which has been examined in the trial Court is as to the applicability of the Act to homestead land and the learned Munsif having found that it is applicable and, therefore, the suit has to abate, the Plaintiff challenges the position that homestead land is not covered by the statute.

(3.)THE Preamble of the Act runs thus:
An Act to provide for consolidation of holdings and prevention of fragmentation of land for development of agriculture in the State of Orissa.

The Statement of Objects and Reasons runs thus:

In the context of strategy for increasing agricultural production in the country and in pursuance there of to give inducement and incentive to the cultivators, it is considered expedient to initiate a legislation for consolidation of scattered holdings and rearrange the holdings including fragmented holdings among various land -owners to make them more compact and to provide against future fragmentation of holdings. This will help in economic farming and application of improved implements and methods of farming which are very necessary for development of agriculture and increased agricultural production.

Some of the definitions in Section 2 of the Act may now be referred to:

In this Act, unless the context otherwise requires,

(a) 'agriculture' includes the raising of crops, grass or garden produce horticulture, dairy farming, breeding and keeping of live -stock, pisciculture, poultry farming and use of land as pasture or for forest or for any purpose where such use is ancillary to agriculture;

(b) 'agricultural land' means land held or occupied for agriculture or for purposes connected with agriculture and includes.

(i) a house or similar structure standing over such land ancillary to agriculture; and

(ii) trees, wells and other improvements existing on such land;

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(f) 'consolidation" means amalgamation and redistribution of a parcel or parcels of agricultural land comprised in different holdings of a unit for the purpose of rendering such holdings more compact;

Explanation - xx xx xx

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(m) 'fragment' means a compact parcel of agricultural land held by a land owner by himself or jointly with others comprising an area which is less than

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(0) 'land' means land of whatever description;

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Section 6(2) of the Act provides:

Upon publication in the Official Gazette of the notification under Sub -section (1) and subject to the provisions hereinafter contained, the Assistant Consolidation Officer shall

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(c) determine in consultation with the consolidation Committee the valuation of

(i) ...

(ii) houses, structures, trees, wens and other

improvements existing on such land. "

These are the provisions in the statute which have mainly to be referred to for deciding whether homestead is covered by the statute.