Allahabad Court September 1964 Judgments

Khalil Ahmad and anr. Vs. Sheikh Mohd. Askari and ors.

Court: Allahabad

Reported in: AIR1965All320

Gyanendra Kumar, J. 1. This is an appeal by the objectors, whose objection under Section 11 of the U. P. Encumbered Estates Act thereinafter referred to as 'the Act') was dismissed by the Special Judge, First Grade, Saharanpur by an order dated 3rd December, 1951. Mohammad Askari (respondent No. 1) had made an application under Section 4 of the said Act, which, on being transferred to the Special Judge, was registered as Suit No. 35 of 1936. The written statement of the applicant and claims of the creditors were duly filed under Sections 8 and 9 of the Act respectively. Ultimately on 8-1-1938 a notice under Section 11 of the Act was published in the U. P. Gazette, specifying the property mentioned by the applicant under Section 8 of the Act. In due course, the Special Judge passed decrees under Section 14 of the Act, and transmitted them to the Collector of Saharanpur for execution in accordance with the provisions of the Act. Consequently the S. D. O. Roorke started liquidation procee...