RAN BEJAI BAHADUR Vs. RAM ADHIN

JUDGEMENT

(1.) On 27-10-1936, Ran Bijai Bahadur Singh and others, who have preferred this appeal, had filed an application, under Section 4, U. P. Encumbered Estates Act. The application was, in due course, transferred to the Special Judge, II grade, Allahabad; and the notices prescribed under the Act were duly published. The respondents, Ram Adhin and Sridhar, filed claims in respect of debts, which the landlords-applicants owed to them. There was no claim to the property mentioned in the notice under Section 11 of the Act. The claim put forward by the respondents were investigated and decrees under Section 14 of the Act were passed in their favour on 13-1-1939.

(2.) The landlords-applicants preferred an appeal to the District Judge of Allahabad, against the decree passed in favour of Ram Adhin. During the pendency of the appeal the landlords-applicants made an application, under Section 20 of the Act, to the District Judge praying that the proceedings under the Act be quashed. On 8-3-1943, the learned District Judge dismissed the appeal, and also rejected the application for quashing of proceedings on the ground that it was not maintainable at that stage. The landlords-applicants came up to this Court in second appeal, and their appeal was dismissed, on 15-8-1945.

(3.) After the dismissal of the appeal by this Court, on 1-9-1945, one Basant Singh preferred a claim under Section 11 of the Act; but it was dismissed for want of prosecution on 1-6-1946. Thereafter, the Courts closed for the long vacation.