JUDGMENT

Bennett, J. - This is a first appeal u/s 45, Encumbered Estates Act. The sole question which it raises is whether the Collector is empowered u/s 2i of the Act to sell the property of the debtor by private negotiation. This question arises upon a claim made by the appellant, Gulzari Lal, u/s 11 of the Act. This claim was made on 10th September 1948, long after the proceedings had been completed in the Court of Special Judge and some time also after the property which Gulzari Lal claimed had been transferred by private sale to one Hazari Lal. The Special Judge disallowed the claim as it was very belated and as the property claimed had been transferred to a third person for the liquidation of the debts of the applicant u/s 4. Against this decision it has been contended by the learned Counsel for the appellant that there was no valid compliance with the provisions of Section 24, inasmuch as that section does not empower the Collector to sell the property by private negotiation, but on the contrary requires him to sell it by public auction.

2. For this proposition reliance has been placed in particular on the provisions of Sub-section (4) of Section 24 to the effect that for real