Allahabad Court April 1943 Judgments

Banarsi Das and ors. Vs. Nand Kishore and ors.

Court: Allahabad

Reported in: AIR1943All328

Verma, J.1. This appeal has arisen out of proceedings under the U. P. Encumbered Estates Act. The appellants before us were the landlord-applicants under Section 4 of the Act. In their written statement under Section 8 the appellants, in accordance with the provisions of Clause (c) of Sub-section (1) of that section, gave a list of such property as, according to them, was liable to attachment and sale under Section 60, Civil P. C., besides the property which came within Clause (b) of that sub-section. There were numerous creditors and in the written statements of some of the creditors the contention was raised that the landlord-applicants had concealed certain houses belonging to them. The reply of the landlord-applicants was that these buildings were not liable to attachment and sale under Section 60, Civil P. C., and that therefore they had rightly omitted them from the list of properties given in their written statement under Section 8. Upon these respective contentions, the questio...