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1948 Supreme(All) 10

C. J, MALIK
Amba Prasad – Appellant
Versus
Mumtaz Ali Khan – Respondent


JUDGMENT

Malik, CJ. - This appeal has been filed by Amba Prasad objector against an order passed u/s 11, Encumbered Estates Act. The land-lord applicants and the other creditors are the respondents to this appeal and though the names of four counsel are printed in the list and in the paper book as having been engaged on behalf of the respondents no one has appeared. Mr. Man Singh and Mirza Hamidullah Beg have with drawn from the ease on the ground that they have not been paid and Dr. M.A. Rauf is no longer at the Bar. Mr. Man Singh has stated that when Dr. Rauf gave up practice Mr. Man Singh was engaged in his place but he was never paid his fee. Mr. B. Dayal, we are informed, appears for the appellant. The result is that we have to decide this appeal only on the arguments of learned Counsel for the appellant with-out any assistance from the counsel for the respondents.

2. The history of this case is rather complicated. There was a decree for arrears of theka money against the landlord applicants. In execution of that decree the properties in villages Rondha and Sherpur were sold at auction on 21st January 1936, and were purchased by Amba Prasad, the objector, and one Gopi Nath. Afte

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