JALESHWAR TIWARY Vs. SURESH TIWARY

JUDGEMENT

(1.) This civil revision application was heard and the result dismissing the application was announced. Accordingly, the reasons for dismissing the revision application are given below.

(2.) This revision application has been referred by a learned single Judge of this Court to a Division Bench by order dated 25 -3 -1983.

(3.) The defendants -first party has filed this revision application under Section 115 of the Code of Civil Procedure against the order dated 31 -5 -1982 passed by the First Subordinate Judge, Arrah in Title Suit No. 14 of 1980 holding that the suit has abated under Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956) (hereinafter called 'the Act'). The plaintiffs -opposite party filed a suit for declaration of title in respect of Schedules I and II lands of the plaint alleging them to be ancestral properties, and that the deed of gift dated 19th April, 1965 executed by Jai Ram Tiwary, who was the original owner of the property was forged, fraudulent and fabricated document and should be set aside or cancelled.