DEEP CHAND Vs. MANIA

JUDGEMENT

(1.) This judgment will govern Second Appeals Nos. 715 and 935 of 1945 also. A common question arises in all these appeals and that question is whether any one has a right to pre-empt a sale of land made by a Collector under the provisions of the Encumbered Estates Act.

(2.) Both the Courts below answered the above question in the negative. The plaintiffs come in appeal.

(3.) Section 6, Agra Pre-emption Act, provides inter alia that no right of pre- emption shall arise in respect of any sale in execution of the decree of a civil or revenue Court. The question for determination, therefore, is whether the sale made by the Collector under Clauses 5, U.P. Encumbered Estates Act, can be regarded as a sale in execution of a decree of a civil Court. I have no doubt in my mind that, on a consideration of the scheme of the Act, the sale should be regarded as such. The Collector entertains the application under Section 4. He then sends it to the Special Judge who passes simple money decrees under Sub- section (7) of Section 14. It is provided therein that such decrees shall be deemed to be decrees of civil Courts of competent jurisdiction. The special Judge then makes the ranking of debts under Section 16 and transmits them to the Collector under Section 19. It is important to quote here Sub-section (1) of Section 19: The Special Judge shall send the decrees granted under Sub-section (7) of Section 14 to the Collector for execution in accordance with ,the provisions of the next chapter....