JANARDAN DAS Vs. MAHADEO PRASAD

JUDGEMENT

(1.) This is a reference by the Sub-divisional Officer of Karwi under Section 113 and Order 46, Rule 1, Civil P.C., in Connexion with certain execution proceedings pending before him under Chap. 5, U.P. Encumbered Estates Act XXV

(25.) of 1934.

(2.) The facts which have led to this reference may be briefly narrated. An application under Section 4, U.P. Encumbered Estates Act, was filed on behalf of Shri Thakur Lachhmi Narain Ji of Bara Akhara and Mahant Janardan Das. There were five creditors who were shown in the application and three debts were specified. One of those debts was on the basis of an alleged mortage by conditional sale for Rs. 10,000. The other two debts were small ones and related to a profit suit and a decree in favour of some of the creditors. The application was, in due course, referred by the Collector to the Special Judge, and grade, Banda. When the matter came up before that Court, there was a compromise between all the parties. By this compromise, half the property, which apparently was under the mortgage of Rs. l0,000, was released in favour of Shri Thakur Lachmi Narain Ji. The other half was made subject to mortgage in this way that six annas share was to be mortgaged with creditor No. 1 and two-annas share with creditors Nos. 2 to 5. It was also provided that these mortgages would be self- liquidating mortgages for a period of twenty years commencing from 1348 Fasli and ending with 1367 Fasli. The Special Judge, 2nd grade, passed a decree in terms of this compromise and sent it to the Collector for execution under Section 19, Encumbered Estates Act. "When the matter reached the Sub-divisional Officer, who apparently acts under the rules for the Collector for these purposes, he found himself in some difficulty. The first Sub-Divisional Officer who dealt with this matter on 12 December 1941, namely, Mr. Sultan Ahmad passed the following order: Parties came to an agreement and a decree was passed accordingly by the Special Judge. There is no debt to be Liquidated. Case struck off. File.