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1953 Supreme(Pat) 79

V.RAMASWAMI, CHOUDHARY
Maharaj Kishore Khanna – Appellant
Versus
Raja Ram Singh – Respondent


Judgment

Ramaswami, J.

1. These appeals are presented on behalf of the judgment-debtor Maharaja Kishore Khanna against the order of the learned Subordinate Judge of Purnea overruling certain objections to the execution of a decree granted by the Special Judge of Banares under the United Provinces Encumbered Estates Act.

2. In the year 1929, the Bank of Banares brought a suit against Maharaja Kishore for recovery of certain money claims. The Allahabad Bank and certain other creditors were also joined as parties to the suit. A decree was obtained by the Banares Bank but on 6-3-1936 Maharaja Kishore Khanna filed an application under Section 4, United Pro- vinces Encumbered Estates Act before the Collector of Benares. The Collector passed an order under Sec. 6 of the Act and forwarded the application to the Special Judge. On 21-3-1940 the Special Judge passed four decrees in favour of the Banares Bank and certain other creditors for a total amount of Rs. 11 lacs. The decrees were sent by the Special Judge to the Collector of Banares for execution. While the execution was pending the Allahabad Bank applied to the Collector for appointment of a receiver in respect of the entire property o








































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