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Lala Brij Bhukan Saran and ors. Vs. Budh Sen - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1943All318
AppellantLala Brij Bhukan Saran and ors.
RespondentBudh Sen
Excerpt:
- .....mortgage. the applicants maintained that the amount due was only rs. 4625. they relied upon a decree passed under the agriculturists' relief act in which that amount was fixed in accordance with the compromise between the parties. the learned special judge held that he was not bound by the decree under the agriculturists' relief act because it was a decree inconsistent with the provisions of section 14, encumbered estates act.2. it is urged in appeal on behalf of the applicants that it was held by this court in agha syed ayud ali shah v. kali charan ('41) 28 a.i.r. 1941. all. 400 that a decree under the agriculturists' relief act should be taken as the basis of the findings in proceedings under the encumbered estates act. it is pointed out to us, however, on behalf of the respondent.....
Judgment:

Allsop, J.

1. This appeal arises out of an order passed by the Special Judge, First Grade of Moradabad, in the course of proceedings under the Encumbered Estates Act. Lala Budh Sen, the respondent, was one of the creditors of the applicants, Lala Brij Bhukan Saran and others. He claimed a sum of Rs. 5921-1-0 on the basis of a simple mortgage. The applicants maintained that the amount due was only Rs. 4625. They relied upon a decree passed under the Agriculturists' Relief Act in which that amount was fixed in accordance with the compromise between the parties. The learned special Judge held that he was not bound by the decree under the Agriculturists' Relief Act because it was a decree inconsistent with the provisions of Section 14, Encumbered Estates Act.

2. It is urged in appeal on behalf of the applicants that it was held by this Court in Agha Syed Ayud Ali Shah v. Kali Charan ('41) 28 A.I.R. 1941. All. 400 that a decree under the Agriculturists' Relief Act should be taken as the basis of the findings in proceedings under the Encumbered Estates Act. It is pointed out to us, however, on behalf of the respondent that the proceedings under the Encumbered Estates Act with which we are concerned, were instituted in June 1936 and that the Collector passed his order referring the case to the Special Judge on the 24th of that month, whereas the suit under the Agriculturists' Relief Act was not filed till 8th October 1936. He has also referred us to a decision by the same Judges who decided the case in Agha Syed Ayud Ali Shah v. Kali Charan ('41) 28 A.I.R. 1941. All. 400. That decision was given in Muhammad Mustafa Khan v. Makund Ram First Appeal No. 6 of 1939. The learned Judges held that a special Judge is bound to ignore a decree under the Agriculturists' Relief Act which has been passed after the institution of proceedings under the Encumbered Estates Act because there is a provision in the Encumbered Estates Act that other suits should not proceed after the Collector has passed his order. We agree with that conclusion and the result is that the decision in Agha Syed Ayud Ali Shah v. Kali Charan ('41) 28 A.I.R. 1941. All. 400 does not apply to the case before us. In our judgment the learned special Judge was bound to ignore the decree under the Agriculturists' Relief Act and the result is that the appeal fails. It is hereby dismissed with costs.


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