Awadesh and Others vs Jang Bahadur and Others

K.M. Dayal, J.—Heard the learned Counsel for the parties. The learned Counsel for the Appellant states that consolidation operations are going on in the village where the disputed property is situated. That is not disputed by the learned Counsel for the Respondent. He, however, argued that this was a matter where the transaction in question was merely voidable and not void. He consequently argued that the matter has to be decided in this Court and not before the consolidation authorities. I am not prepared to accept that argument. If the contract was voidable at a particular time, it would become void, the moment, the person at whose option it would become void, exercises that option.

Under the circumstances as both the parties agreed that the option has so been exercised, the contract became void. In case the option was not rightly exercised, then it would be a valid contract. The voidable nature of a contract is a temporary phase, that is from the date when the contract is entered into and till the option, treating the contract as void, is exercised.

Under the circumstances, I order that the present appeal along with first appeal and the suit abate u/s 5 of the Consolidation of Holdings Act. There will be no order as to costs.