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1952 Supreme(All) 312

SAPRU, V.BHARGAVA
Abdul Jabbar – Appellant
Versus
Audhesh Singh Ram Agyan Singh – Respondent


Advocates:
Kedar Nath Sinha, for Appellants; A.P. Pandey, for Respondents.

Judgement

V. BHARGAVA, J. :- This second appeal arises out of proceedings under the Encumbered Estates Act. Respondent No. 1 presented an application under Section 4 of the Encumbered Estates Act and, in the written statement filed by him under Section 8 of the Act, he showed certain debts as payable by him, including a debt to a firm, Sheikh Mohammad Hashim Haji Pir Mohammad. A written statement was filed under Section 9 on behalf of the firm by the two partners, Abdul Sattar and Abdul Jabbar, and they also claimed the same amount as had been shown by the landlord applicant in his written statement. When the learned Special Judge came to consider the amount due from the landlord applicant to these creditors, Abdul Sattar and Abdul Jabbar, the question arose whether the claim of Abdul Sattar and Abdul Jabbar could be entertained in view of Section 69 of the Indian Partnership Act. The claim of Abdul Sattar and Abdul Jabbgr was in respect of a sarkhat executed in the year 1933, but before the 1st October 1933 by the landlord in favour of the firm, Sheikh Mohammad Hashim Haji Pir Mohammad. The application under Section 4 of the Encumbered Estates Act was presented on the 27th October
















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