JUDGMENT : Sarwar Ali, A.C.J. This application in revision is directed against an order of the learned Munsif 2nd Court, Sasaram, where in it has been held that the suit being mortgage suit no. 229/66 has not abated under the provisions of section 4(1)(c) of the Bihar consolidation of Holdings and Prevention of Fragmentation Act, 1956 (here in after referred to as the ‘Act’. The plaintiffs opposite party brought a suit for redemption of lands mortgaged to the defendants, the same being mentioned in schedules C. and D. of the plaint. In the plaint it was stated that schedule Chad been mortgaged under a registered deed dated 13.6.1936 and schedule D lands under oral mortgage. The plaintiffs stated that the amount of mortgage was tendered but the same not having been accepted the amount has been deposited in the court and the suit has been instituted for redemption of the mortgage and for recovery of possession and mesne profits. It may be stated here that the relief regarding the recovery of possession and mesne profits are ancillary reliefs and the main relief is the relief of redemption. 2. The defence of the defendants was that the plaintiffs are strangers to the family of the original mortgagor and that there is no relationship of mortgagor or mortgagee between the parties. The defendants are raiyats of the land and they are in possession in their own right. 3. The defendants filed an application under Section 4(1)(c) of the Act stating that as the consolidation proceedings were going on in the village in which the lands were situate the suit had abated under the aforesaid provisions. They accordingly prayed that suitable orders be passed under the aforesaid provision. A rejoinder was filed in which it was contended, interalia, that the suit of the nature as filed by the plaintiffs does not abate under section 4 (1)(c) of the Act. The learned Munsif has accepted the contention of the plaintiff is. Hence this civil Revision application. 4. In ardor to appreciate the contention of the learned counsel it may be appropriate to refer to the preamble and some of the provisions of the Act. The learned Munsif has accepted the contention of the plaintiff is. Hence this civil Revision application. 4. In ardor to appreciate the contention of the learned counsel it may be appropriate to refer to the preamble and some of the provisions of the Act. The preamble States that the Act is : "An Act to provide for the consolidation of holdings and prevention of fragmentation." Consolidation has been defined in section 2(3) to include-arrangement of parcels of land comprised in a holding or different holdings for the purpose of rendering such holdings, more compact. Explanation to the aforesaid section states some of the exceptions. Section 3 states that with the object of effecting consolidation of holdings for the purpose of better cultivation of lands in any area the State Government may by notification in the official gazette declare its intention to make a scheme for consolidation of holdings in that area. Section 4 (1)(c), so far, as relevant, is as follows : - "(c) every proceedings for the correction of records and every suit and proceedings 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 pissed in that behalf by the court or authority before whom such suit or proceeding is pending stand abated. Section 9 envisages preparation of register of land. It states that the register of land belonging, to raiyats shall contain t he following particulars, namely. "(a) the name of the raiyat; (b) the areas the serial numbers of the plots of land held by the raiyat: (c) classification of each plot according to its produce: (d) the areas and serial numbers of the plots of land held by raiyats, if any having right of occupancy therein: (e) the area and serial numbers of the plots of land held by raiyats, If any having no right of occupancy therein. (f) the valuation of each plot; (g) the valuation of all structures, trees, bamboos clumps, wells and other improvements existing in the plots for the purpose of calculating the amount thereof: (h) any other particulars that may be prescribed." Section 9(A) envisages preparation of statement of principles. (f) the valuation of each plot; (g) the valuation of all structures, trees, bamboos clumps, wells and other improvements existing in the plots for the purpose of calculating the amount thereof: (h) any other particulars that may be prescribed." Section 9(A) envisages preparation of statement of principles. Section 10 deals with publication of registers of land and statement of principles and objection thereto. There are various provisions relating to preparation of draft scheme, consideration of objection and decision of objection in relation to a scheme of consolidation. After the objections have been decided and allocation made in persuance of scheme of consolidation a certificate of transfer has to be issued. Such certificate is a conclusive proof of title of she raiyat. This is clear from section 15- (1) which reads as follows :- "Certificate of transfer (1) The consolidation officer shall grant to every raiyat to whom a holding has been allotted in persuance of a scheme of consolidation a certificate in the prescribed form containing the prescribed particulars. Such certificate shall be conclusive proof of the title of such raiyat to such holding and he shall be liable for payment of such rent as may be specified in the certificate. Section 18 may now be noticed which is to the following effect; "Transfer of encumbrances (I) if any holding included in a scheme of consolidation which has come into operation under section 14 is subject to any lease, mortgage or other encumbrance, such lease, mortgage or other encumbrance shall, with effect from the date on which possession is taken of delivered under section 14, be deemed to be transferred and attached to the holding allotted under the scheme to the raiyat or to such part of it as the consolidation officer may direct, and shall cease to have any effect against the holding from which it is so transferred. (2) If the holding to which a lease, mortgage or other encumbrance is transferred under sub-section (1) is of less market value than the original holding from which it is transferred, the lessee, mortgagee or other encumbrancer, as the case may be, shall, subject to the provisions of section 20, be entitled to the payment of such compensation by the raiyat of the former holding as the consolidation officer may determine, and such compensation shall be a first charge on the compensation payable to the raiyat under this Act. (3) Notwithstanding anything contained in section 14, any lessee or mortgagee or other encumbrancer entitled to possession, may, if necessary, be put in possession of the holding or part of the Holding, as the case may be, to which his lease or, mortgage or other encumbrance has been transferred under subsection (1), 5. Thus a perusal of the aforesaid provisions particularly section 18 make it clear that while carrying on the consolidation operations the authorities have to determine the right and nature of interest held by a raiyat. Whether a land included the scheme of consolidation, is subject to mortgage, has to be determined by the authorities under the Act. Similar is the case in relation to the existence of a lease or other encumbrance. It may also be possible that a person may be claiming that a land was subject matter of mortgage, but the mortgage no longer subsists and stands extinguished, so that the former mortgagee is in possession of the aforesaid land as raiyat in his own rights. These are matters relating to right and interest in land and are capable of determination within the scheme of the Act. 6. The position is, however, different So far a suit of redemption is concerned. Within the frame work of the Act there is no provision which envisages or authorises consolidation authorities to adjudicate matters which have to be determined in a redemption suit. Nor can they give reliefs such as is granted in a suit for redemption of mortgaged property. In a suit for redemption the plaintiff has to establish that he has a right to redeem. Where the plaintiff succeeded, the court passes a preliminary decree ordering the taking of accounts and directing payment if necessary, to the mortgagee. In case of failure to pay, the defendant is entitled to apply for a final decree. None of these, matter can be adjudicated or done by the consolidation authorities. The scheme of the Act does not appear to be that where main relief in the suit is such as can not be adjudicated upon by the consolidation authorities the suit still abates. This appears to me to be the basis of the observation of the Supreme court in Gorakh Nath Dubey V. Hari Narain singh and others. The scheme of the Act does not appear to be that where main relief in the suit is such as can not be adjudicated upon by the consolidation authorities the suit still abates. This appears to me to be the basis of the observation of the Supreme court in Gorakh Nath Dubey V. Hari Narain singh and others. There a distinction was made between, cases where a document is wholly or, partially invalid so that it can be disregarded by any court or authority, and one where it has to be actually set aside before it can cease to have legal effect. In relation to the later class of cases it was observed that they may be outside the scope of the provisions of U.P. Consolidation of Holdings Act. 7. It was contended that section 18 of the Act is a clear indication that redemption suits would also abate. I do not think such an inference would be right. I have already indicated that during the consolidation proceedings it has to be determined whether a person is holding land as mortgagee or a particular piece of land is subject matter of a subsisting mortgage. The purpose of section 18 is that if a land so encumbered, on consolidation, is allotted to the chak of another person, then the land allotted to the mortgagor in lieu thereof is, as a result of the provision aforesaid, made liable for the mortgage debt. The section effects substitution of security and transfer of encumbrance, and does not deal or tackle the situations that arise in a redemption suit. 8. In the result, this application is dismissed, but in the circumstances without costs. I agree. Application dismissed.