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1949 Supreme(All) 216

Salamat Ullah – Appellant
Versus
Mt. Maharaj Kuar – Respondent


JUDGMENT

1. This is an execution of decree appeal. It is directed against the appellate order of the learned District Judge Bara Banki upholding the order of the execution Court and allowing the judgment-debtor Mt. Mahraj Kuar's objections u/s 47, Civil P.C., against the execution of the decree of Shaikh Salamat Ullah appellant.

2. The only question involved in this appeal is whether the decree of which the appellant sought execution was or was not a nullity by reason of the fact that it was obtained against the judgment-debtors during the pendency of the Encumbered Estates Act proceedings initiated by some of them. It is admitted on behalf of the appellant that the suit, which resulted in the decree under execution, was filed subsequent to the initiation of proceedings under the En-cumbered Estates Act by three judgment-debtors, namely, Chaudhri Maqbulul Rahman, Chaudhri Musbtaqul Rahman and Beni Madho Singh, The decree-holder further admitted that in the proceedings consequent upon the application of the aforesaid persons he preferred certain objections u/s 11, Encumbered Estates Act, and from this it would seem to follow that an order u/s 6, Encumbered Estates Act was passed in du

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