GAJODHAR Vs. SYED MOHAMMAD HUSSAIN AND OTHERS

JUDGEMENT

(1.) This is an appeal against an order of the Special Judge, first class, Barabanki, admitting a claim of the Respondent under Sec. 11 of the Encumbered Estates Act.

(2.) It appears that an application was made by one Tufail Hussain and Saiyid Mohammad Haider, minor, under Sec. 4 of the U.P. Encumbered Estates Act. The applicants had shown their property, which was published in the Gazette. No claim was filed by the Respondent till the proceedings terminated in the Court of the Special Judge. On the 15'h December, 1944, when the liquidation proceedings were pending in the Court of the Collector but property had not been transferred under Ss. 24, 25, 28 and 31 of the Encumbered Estates Act, the Respondent filed a claim under Sec. 11 of the Encumbered Estates Act claiming to be the owner of the 7/20th share of the property which was shown by the applicants as their property and which was published and subsequently found by the Special Judge to be the property of the applicants. The ground on which this belated application was made was that the Respondent had no knowledge of the proceedings under the Encumbered Estates Act or of the inclusion of his own property in the list of property published in the Gazette and he could not, therefore, file a claim in proper time.

(3.) The claim of the Respondent claimant was contested on behalf of the Appellant, who was creditor. It was alleged on behalf of the Appellant that the claimant had knowledge of the proceedings and there was, therefore, no sufficient cause for entertaining his claim at that stage. It was also contended that the claim was barred by Article 120 of the Indian Limitation Act. The lower Court found on both the points in favour of the Respondent and allowed the claim. The creditor Appellant has come up in appeal.