Section 5 in Kumaun and Uttarkhand Zamindari Abolition and Land Reforms Rules, 1965
5. Section 5(1) read with proviso to Section 6(1): Stay of certain suits and proceedings.
- In respect of the area for which a notification under Section 4 has been issued, all suits and proceedings, whether of the first instance, appeal, or revision, of the nature specified below pending in any court on the appointed date, and all proceedings upon any decree or order passed in any such suit or proceeding previous to the appointed date, shall be stayed:(i)Appointment of lambardars under Section 45 of the U.P. Land Revenue Act, 1901;(ii)All proceedings under Chapter VI of the U.P. Land Revenue Act, 1901;(iii)Proceedings for partition of marshals under Chapter VII of the U.P. Land Revenue Ac t. 1901:(iv)All proceedings for realisation of the cost of compensation, awarded in any suit or proceedings, by ejectment of the judgement debtor;(v)All suits, applications and proceedings under the Kumaun Tenancy Rules, 1918, mentioned at the following items in the first schedule appended thereto:(a)Group A - Serials 15 to 23; and(b)Group B - Serials 28 to 32;(vi)All suits, applications and proceedings under the Tehri-Garhwal Bhumi Sambandhi Adhikar Niyam, 1941, mentioned at Items 1,2,9 of sub-clause 'Ka' of Section 35 and Item 7,8, and 11 of sub-clause 'Kha' of Section 35 of the Said Adhikar Niyam;(vii)All cases of execution of decree against hissedars relating to debts which are wholly or partially charged upon or decreed against khaikari land or any part thereof.Explanation. - For the purposes of this clause, "debt" means an advance in cash or in kind and includes any transaction which in substance a debt.
