RAM ADHAR SINGH versus RAMROOP SINGH & ORS.

RAM ADHAR SINGH versus RAMROOP SINGH & ORS.

The amended section 5 of the U.P. Consolidation of Holdings Act, 1953, applies to the present suit for possession, and such suits abate upon notification of consolidation operations. Section 5, as amended, is not ultra vires since it does not affect the jurisdiction of the Supreme Court but merely abates suits pending in courts within the State’s jurisdiction as a consequence of consolidation process. Therefore, the appeal abates and the matter must be decided under the provisions of the Act by the designated consolidation authorities.

Parties
Appellant/defendant: Ram Adhar Singh; Respondent/plaintiff: Ramroop Singh
Jurisdiction
India
Judgment Date
26 October 1967
Procedural Posture
Civil Appeal and Civil Miscellaneous Petition / Application for Abatement of Appeal After Grant of Special Leave, Post Notification Under Consolidation Law
Outcome
Civil Appeal No. 691 of 1966 has abated under amended s. 5 of the U.P. Consolidation of Holdings Act.
Legal Topics
Consolidation of Holdings, Jurisdiction of Supreme Court, Ultra Vires, Suit Abatement
Land Law Constitutional Law Consolidation of Holdings Jurisdiction of Supreme Court Ultra Vires Suit Abatement

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Parties

Ram Adhar Singh

Appellant/defendant

Ramroop Singh

Respondent/plaintiff

Procedural Posture

Civil Appeal and Civil Miscellaneous Petition / Application for Abatement of Appeal After Grant of Special Leave, Post Notification Under Consolidation Law

Legal Issues

  1. 1 Whether suit for possession under s. 209 U.P. Zamindari Abolition and Land Reforms Act abates under s. 5 of the U.P. Consolidation of Holdings Act, as amended.
  2. 2 Whether the amended s. 5 is ultra vires the State Legislature for affecting the jurisdiction of the Supreme Court.

Ratio Decidendi

The amended section 5 of the U.P. Consolidation of Holdings Act, 1953, applies to the present suit for possession, and such suits abate upon notification of consolidation operations. Section 5, as amended, is not ultra vires since it does not affect the jurisdiction of the Supreme Court but merely abates suits pending in courts within the State’s jurisdiction as a consequence of consolidation process. Therefore, the appeal abates and the matter must be decided under the provisions of the Act by the designated consolidation authorities.

Court Disposition

Civil Appeal No. 691 of 1966 has abated under amended s. 5 of the U.P. Consolidation of Holdings Act.

Orders

  • Civil Miscellaneous Petition No. 2631 of 1967 allowed.
  • It is declared that Civil Appeal No. 691 of 1966 has abated under the amended s. 5 of the Act.