Judgment

SARKAR J.: This appeal arises out of a proceeding in execution of an adjudication made under the provisions of the United Provinces Encumbered Estates Act, 1934 (U. P. XXV of 1934), an Act passed by the legislature of the United Provinces, now called the Uttar Pradesh. The questions that arise in this appeal largely turn on the provisions of that Act and they have therefore to be referred to.

2. The Act was intended to give relief to the proprietors of certain landed properties in the United Provinces. Section 4 of rue Act enabled a proprietor of such landed properties to make an application in writing to the Collector of the District in which any of his lands is situate, stating the amount of his debts and asking for the application of the Act to him. Upon such an application being made, the Collector is to make an order under S. 6 forwarding it to a Special Judge appointed under the Act who, under S. 3 is any civil judicial officer appointed for a local area, to exercise the powers conferred and to perform the duties imposed, by the Act. Section 7 of the Act provides that upon the making of an order by the Collector under. S. 6, subject to certain exceptions which it is no