Judgment

VAIDIALINGAM, J.: The question that arises for consideration it in this appeal, by special leave, is as to whether the bhumidhari rights and trees belonging to the appellants can be proceeded against and sold for realisation of the debts due to the respondents under the U. P. Encumbered Estates Act, 1934 (Act XXV of 1934) as amended (hereinafter referred to as the Encumbered Estates Act). The contention of the appellants is that they cannot be sold, whereas according to the respondents, they can be sold.

2. The predecessors-in-interest of the appellants were landlords owning immovable properties, including agricultural land trees, groves and well, situate in the various villages in the District of Saharanpur they were very heavily indebted, the debts being both secured and unsecured payable by them to the creditors. The respondents were among the secured creditors to whom large amounts were due. On or about March 26, 1936 the appellant s predecessors-in-interest filed an application under S. 4 of the Encumbered Estates Act to the Collector for determination of their debts. As required by S. 6 of the said Act, the Collector forwarded this application to the Special Judge, Sah