Statutory abatement under consolidation law halted the suit and appeal, with rights to be worked out before consolidation authorities.

A notification under Section 4 of the U.P. Consolidation of Holdings Act, 1953, triggered statutory abatement under Section 5(2)(a), so the suit and all proceedings arising from it ceased to continue. The statutory scheme was applied to pending appeals as well, including appeals before the Supreme Court, and the parties were directed to pursue their rights before the consolidation authorities. The suit and the appeal therefore stood abated.

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Issues: Whether the suit and the appeal abated on the issuance of a notification under Section 4 of the U.P. Consolidation of Holdings Act, 1953.

Analysis: A notification under Section 4 had been issued during the pendency of the appeal. By virtue of Section 5(2)(a), the suit and all proceedings arising from it stood statutorily abated. The earlier decision relied upon had already recognised that even appeals pending in the Supreme Court would abate under the statutory scheme. In view of the clear statutory provision, the parties were left to work out their rights before the consolidation authorities.

Conclusion: The suit and the appeal stood abated.

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