JUDGMENT

Bennett and Ghulam Hasan, JJ. - The question raised in these appeals, Nos. 38 and 39 of 1941, is whether, when a person has obtained a decree for costs and the decree is under appeal, it is necessary for him to prefer a claim for the amount decreed against a judgment debtor who has applied u/s 4 of the U.P. Encumbered Estates Act. The Civil Judge of Hardoi answered this question in the negative, and these appeals have been filed against that decision.

2. The Appellants are two widows. Rani Suraj Kunwar and Rani Gokaran Kunwar. They applied u/s 4 of the Encumbered Estates Act on the 29th October, 1936. They were the widows of one Gaya Bakhsh Singh who had been a party to litigation relating to the title to the Bharawan estate. That estate had been claimed by three persons, Deo Singh, Koeli Singh and Gaya Bakhsh Singh himself. The first two had instituted suits. Deo Singh succeeded in respect of the taluqdari property, it being held that Gaya Bakhsh Singh was entitled to the non-taluqdari property. Koeli Singh's suit was dismissed. Koeli Singh filed two appeals which were dismissed on a compromise. Gaya Bakhsh Singh filed an appeal from the decision of the single Judge of this