Sir Madhavan Nair.-

This is a consolidated appeal resulting from the consolidation of two appeals, Appeal No. 5 of 1942 and Appeal No. 6 of 1942, from two decrees of the High Court of Judicature at Allahabad dated 28th October, 1941, which affirmed two decrees, one of the Court of the Special Judge first class Shahjahanpur, and one of the Court of the Civil Judge, Shahjahanpur, both dated 14th January, 1939.

Appeal No. 6 of 1942 arises out of a suit (Suit No. 2 of 1938) instituted by Appellant No. 1 and one Fida Ali Khan, on whose death Appellants Nos. 2 to 5 were brought in as his representatives for the recovery of certain property in the Shahjahanpur District. The respondents Nos. 1 to 4 hereinafter called the Mahbub brothers, and their respective wives Nos. 5 to 8, to whom they had purported to transfer parts of the said property, were the Defendants in the said suit. The suit was dismissed by the Civil Judge, Shahjahanpur and the dismissal was confirmed by the High Court on appeal.

Appeal No. 5 of 1942 arises out of an application dated 27th July, 1936, by three of the Respondents in the above appeal under section 4 of the United Provinces Encumbered Estates Act, 1934 (United Pr

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