JUDGMENT I.B. Singh, Member - This is a revision filed by Sri Ram against order dated 30-9-1976 passed by S.D.O. Kalpi, district Jalaun in case No. 1 under section 164 of Act 1 of 1951. 2. Sri Ram moved an application under section 164 of Act 1 of 1951 alleging that Mangaliya had transferred with possession 1/2 of plot no. 1289/2 and plot no. 1346 of village Jaksiya, pargana Kalpi, district Jalaun on 19-6-1974 through a mortgage deed with possession ; that the deed was registered on 23-7-1974. He prayed for mutation of his name. 3. Mangaliya filed written statement alleging that he had never executed any mortgage deed in favour of Sri Ram and did not receive any money from him ; that one Rameshwar brother-in-law of Sri Ram had got certain fraudulent mortgage deed executed in the village and this alleged mortgage deed appears to have been fraudulently got executed by some body with the view to usurp his land who was a Harijan. 4. The trial court rejected the application for mutation on the ground that the statement of Sri Ram showed that he did not obtain actual physical possession as he could not tell the location of the plots and their boundaries. 5. The learned Additional Commissioner recommended to allow the revision application and to set aside the order of the lower court and to allow the mutation application in favour of the applicant as the language of the mortgage deed shows that it was a mortgage with transfer of possession within the meaning of section 164 of Act I of 1951 and will be deemed to be a stile according to that Section as the mortgage deed has not been proved to be fictitious. Therefore, the trial court was not justified in rejecting the application for mutation. 6. A preliminary point was raised on behalf of the opposite party that the village has come under consolidation and the notification has been issued. Therefore, this revision application and the proceeding under section 164 of Act I of 1951 should be abated under section : (2) (a) of the U.P.C.H. Act as the proceeding amounted to determination of title and correction of papers. 7. It was argued in reply by the learned counsel for the applicant that proceeding under section 164 of Act I of 1951 is not for determination of title or correction of papers. 7. It was argued in reply by the learned counsel for the applicant that proceeding under section 164 of Act I of 1951 is not for determination of title or correction of papers. It is a penalty to impose on persons executing a usufructuary mortgage and transferring possession which do not fall within the consequences enumerated under section 5 (2) (a) of the C.H. Act. It was further argued that after coming into force of the U.P.Z.A. and L.R. Act, the consequence which followed u/Sec. 6 (g) (i) of Act I of 1951 regarding mortgages is that usufructuary mortgages were substituted by simple mortgages. It was further argued that the proceeding under section 164 of Act 1 of 1951 is in the nature of an execution proceeding and is not in the nature of mutation proceeding or correction proceeding under the Land Revenue Act and execution proceedings cannot be abated under section 5 (2) (a) of the C.H. Act as held in 1979 AWC page 519. 8. Section 164 of Act 1 of 1951 is as follows :- * * * * If such transfer is made and if provisions of section 154 of Act I of 1951 are not hit regarding the limit of 12.50 acres of land to be held by transferee together with land if any held by him or his family then section 163 of Act 1 of 1951 does not come into play and if section 154 is hit by the transfer then under section 163 the Assistant Collector may either suo moto or on the application of any person after making inquiry may declare transfer to be void and the consequences given in sub-section (2) of section 163 will follow otherwise not and if section 163 is not applicable then provisions of Rules 148 and 149 of the U.P.Z.A. and L.R. Rules will come into play which run as follows :- * * * * Sub-rule (2) of Rule 149 envisages that after hearing the parties and after making such further inquiry as he considered necessary the Assistant Collector shall pass suitable orders and shall also order correction of papers accordingly. Passing of suitable orders envisage determination of title by such transfer and the order for correction of papers accordingly envisages correction of papers or it may be said loosely even mutation is required to be ordered by Assistant Collector 1st Class, Sub-rule (6) of Rule 151 concerns section 163 of the Act where section 154 is hit by such transfers. 9. Section 6 (g) (i) which runs as follows concerns the mortgages with possession existing on the date immediately preceding the date of vesting and is not concerned with usufructuary mortgages created after the date of vesting. 10. The argument that provisions of section 164 is penal is correct no doubt but its consequences are mentioned in the section itself that it shall be deemed to be a sale instead of usufructuary mortgage. 11. The argument that proceeding under section 164 is execution proceeding which cannot be abated relying on 1979 AWC page 519 is not correct. Execution proceeding envisages any previous order which is executed in the execution proceeding. Unless order under section 164 read with rule 149 (2) is passed which requires mandatory order regarding correction of papers also and if such order is passed nothing is left for execution. Therefore, proceeding under section 164 cannot be held to be execution proceeding which is a proceeding for determination of title and for correction of papers only. 12. Section 5 (2) (a) provides for 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 .............. on an order being passed in that behalf by the Court or authority before whom such suit or proceeding is pending, shall stand abated. 13. As the proceedings under section 164 of Act 1 of 1951 are proceedings for correction of records and proceedings in respect of declaration of rights or interest in the land transferred they are covered by the provisions of section 5 (2) (a) of the C.H. Act and are liable to be abated. 14. In view of the above this revision along with the proceeding under section 164 of Act 1 of 1951 are hereby abated under section 5 (2) (a) of the C.H. Act.