Vaidialingam. J. - (1.) In Civil Appeal No 691 of 1966, the appellant, by special leave, granted by this Court, challenges the judgment and decree of the Allahabad High Court, dated April 20,. 1965, in Second Appeal No. 1602 of 1963. In Civil Miscellaneous Petition No. 2631 of 1967, the appellant has prayed this Court to pass an order that Civil Appeal No 691 of l966 has abated, in view of the amended Section 5 of the Uttar Pradesh Consolidation of Holdings Act. 1953 (U P Act V of 1954) (hereinafter referred as the Act) .
(2.) The appellant was the defendant, in a suit instituted by the respondents, under Section 209, of the Uttar Pradesh Zamindari Abolition and Land Reforms Act. 1950 (U P Act I of 1950) (hereinafter referred to as the Abolition Act) . The plaintiff, claiming to be a bhumidar of the land, in question, instituted the suit out of which the second appeal arose against the appellant, for recovery of possession of the property on the ground that the appellant was a trespasser and that he was not entitled to remain in possession of the property. The trial Court, as well as the Appellate Court, have held that the plaintiff was the bhumidar, and the appellant has not established his tenancy right in the property and. as such, he was neither a sirdar nor an asami. On the other hand. the findings are that the appellant is only a trespasser On these findings. the plaintiff's suit was decreed. The appellant thereupon, challenged the decision of the two subordinate Courts in second appeal, before the High Court of Allahahad. The High Court has agreed with the conclusions, arrived at by the Subordinate Courts and dismissed the second appeal. This Court on June 15, 1965 granted special leave to the appellant to appeal against the judgment of the High Court.
(3.) According to the appellant, after the grant of special leave. by this Court. the State of Uttar Pradesh has published in the State Gazette, a notification, dated October 22, 1965, under Section 4 of the Act. The effect of that notification is that the plots, in dispute between the parties in this litigation, and which are situated in the village of Pureon, Pargana Bayalsi, in the District of Jaunpur, have been brought under the consolidation operation, by virtue of the Act. Section 5 of the Act, as it stood prior to its amendment in 1966, was as follows: 5. "Effect of declaration. Upon the publication of the notification under Section 4 in the Official Gazette, the consequences, as hereinafter set forth, shall, subject to the provisions of this Act, from the date specified thereunder till the publication of notification under Section 52 or sub-section (1) of Section 6, as the case may be, ensue in, the area to which the declaration relates, namely: (a) the district or part thereof, as the case may be, shall be deemed to be under consolidation operations and the duty of maintaining the record-of-rights and preparing the village map, the field book and the annual register of each village shall be performed by the District Deputy Director by Consolidation, who shall maintain or prepare them, as the case may be, in the manner prescribed; (b) (i) all proceedings for correction of the records and all suits for declaration of rights and interests over land, or for possession of land, or for partition, pending before any authority or court, whether of first instance, appeal or reference or revision, shall stand stayed, but without prejudice to the right or interests in dispute in the said proceedings or suits before the consolidation authorities under and in accordance with the provisions of this Act and the rules made thereunder; (ii) the findings of consolidation authorities in proceedings under this Act in respect of such right or interest in the land, shall be acceptable to the authority or Court before whom the proceeding or suit was pending which may, on communication thereof by the parties concerned, proceed with the proceedings or suit as the case may be. (c) notwithstanding anything contained in the U. P. Zamindari Abolition and Land Reforms Act, 1950, no tenure holder, except with the permission in writing of the Settlement officer, Consolidation, previously obtained shall- (i) use his holding or any part thereof for purposes not connected with agriculture horticulture or animal husbandry including pisciculture and poultry farming or (ii) transfer by way of sale gift or exchange any part of his holding in the consolidation area; Provided that a tenure-holder may continue to use his holding or any part thereof, for any purpose for which it was in use prior to the date specified in the notification issued under Section 4." It is further stated that Section 5 has been amended by Uttar Pradesh Act XXI of 1966. The material provisions of the Amendment Act, amending Section 5 are as follows: "It is hereby enacted in the Seventeenth year of the Republic of India as follows:- 1. Short title.......... 2. Amendment of Section 5 of U. P. Act No. V of l954.-The existing Section 5 of the Uttar Pradesh Consolidation of Holdings Act, l953 (hereinafter called the Principal Act) shall be renumbered as subsection (1) thereof, and (i) clause (b) of sub-section (1) as so renumbered, shall be omitted and (ii) after sub-section (1) as so renumbered, the following new .sub-section shall be added. viz:. "(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 notification under sub-section (1) of Sec. 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. ********** Based upon the amended provisions of Section 5 of the Act, the appellant has filed C. M. P. 2631 of 1967, to pass an order that Civil Appeal No. 691 of l966 stands abated, inasmuch as the rights of parties, with reference to their rights or interest in the property in dispute, will have to be agitated before the appropriate. consolidation authorities, in accordance with the provisions of the Act.;