- (1.) Girwar Singh, a big zamindar, died on 24/5/1971. He left behind agricultural land as well as other property. After the death of Girwar Singh many persons claimed rights in the property left by him. 9 Giriraj Kishore, Respondent 5 in the appeal herein, is also one of the claimants. Giriraj Kishore claims that his father was adopted as a son bygirwar Singh's father. Appellant Sardar Singh claims to be a son of real sister of Girwar Singh. He further claims right in the property on the basis of a will dated 19-5-1971. One Sharda Devi stakes her right claiming to be the real sister of Girwar Singh. One Narendra Pal Singh states that he is the adopted son of Girwar Singh and as such entitled to the property left by him. All these persons filed testamentary suits in respect of the property of Girwar Singh in the High court. The Administrator General also filed a testamentary suit claiming letters of administration. All the suits were decided together by the judgment of the High court dated 18/8/1977. The will set up by Sardar Singh was held to be fictitious. Except the suit filed by the Administrator General all the suits were dismissed. The High court issued letters of administration to the Administrator General, U. P. with the direction that he would manage the property till the rights of the parties are determined by the civil court. A civil suit filed by Giriraj Kishore was pending at that time. Various appeals filed against the judgment of the High court were dismissed by the division bench on 23/10/1981.
(2.) The civil suit filed by Giriraj Kishore is pending. Sardar Singh and others who had filed testamentary suits have been arrayed as defendants in the suit. The suit was in respect of agricultural land and also in respect of other property left by Girwar Singh. While the suit was pending the consolidation operations commenced under the U. P. Consolidation of Holdings Act, 1953 (the Act). Section 5 (2 of the Act is as under: "5.(2 Upon the said publication of the notification under sub-section (2 of Section 4 the following further consequences shall ensue in the area to which the notification relates, namely,- (A) every proceeding for the correction of records and every suit and proceeding in respect of declaration of rights or interest in any land lying in the area, or for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under this Act, pending before any court or authority whether of the first instance or of appeal, reference or revision, shall, on an order being passed in that behalf by the court or authority before whom such suit or proceeding is pending, stand abated: Provided that no such order shall be passed without giving to the parties notice by post or in any other manner and after giving them an opportunity of being heard: Provided further that on the issue of a notification under sub-section (1 of Section 6 in respect of the said area or part thereof, every such order in relation to the land lying in such area or part, as the case may be, shall stand vacated; (B) such abatement shall be without prejudice to the rights of the persons affected to agitate the right or interest in dispute in the said suits or proceedings before the appropriate consolidation authorities under and in accordance with the provisions of this Act and the rules made thereunder. "
(3.) It is not disputed that the civil suit in respect of agricultural land stood abated under Section 5 (2 (a) of the Act. The civil court is only proceeding in respect of the property other than the agricultural land. The question for our consideration is whether in the facts and circumstances of this case the proceedings before the consolidation authorities should be stayed till the rights of the parties are finally adjudicated by the civil court. The High court has answered the question in the affirmative and against the appellant. This appeal by Sardar Singh is against the judgment of the High court.;