JUDGMENT

Darling S.M.

1. Chaudhri Athar Ali, Chaudhri Asghar Ali and Mst. Iftikhar.un.nisa made an application before the Deputy Commissioner of Bara Banki u/s 4 of the Encumbered Estates Act: the Deputy Commissioner passed an order u/s 6, which was then sent to the Special Judge. Subsequently by a petition, dated the 28th July, 1936, presented to the Deputy Commissioner, the applicants asked for permission to sell property to the Dewa Exhibition Committee; they needed money for (a) marriage expenses, and (b) repair of their residential house. By a summary order, dated the 3oth July, 1936, the Deputy Commissioner granted the petition and sanctioned the proposed alieration of the property in question in favour of the Dewa Fair Association: none of the creditors were asked whether they had any objection Now one of the creditors, I ala Shankar Sahai, comes to the Board in appeal, and asks that the order of the Deputy Commissioner be set aside.

2. Under Rule 24 of the Rules, framed by the Local Government in exercise of the powers conferred by Section 54 of the Encumbered Estates Act, "the Collector shall not sanction the sale u/s 7, unless he considers that the price obtained is a fair o