FAQIR MOHAMMAD KHAN Vs. HARI SHANKAR

JUDGEMENT

(1.) This is a landlord's appeal against an order in certain proceedings under the Encumbered Estates Act. The order in question was passed by the learned District Judge of Farrukhabad dismissing an appeal by the land-lord against an order of the Special Judge, 2nd grade of that place, rejecting his application praying that a certain previous application of his be decided on the merits. The relevant facts are these.

(2.) Before the passing of the Debt Redemption Act on 1 January 1941, the landlord appellant has applied under Section 4, Encumbered Estates Act, and the proceedings eventually came before the learned Special Judge who passed a decree against him in favour of the respondents, which was sent to the Collector for execution. The schedule of properties owned by the appellant included some groves which were published as forming part of List B in the local gazette. Subsequently, after the Debt Redemption Act had come into force, the appellant, on 18 August 1942, applied to the Special Judge that the groves might be transferred from List B to List A, and be treated as property not liable to be attached and sold by virtue of that Act. This application was rejected by the learned Judge on the ground that he had no jurisdiction to entertain it, the matter, according to his opinion, being for the Collector exclusively.

(3.) An application in revision filed against the above order was dismissed by the learned District Judge on the ground that no such re. vision lay to him, although, at the same time, he observed that the Special Judge had jurisdiction to entertain the application of 18 August 1942.