TaxTMI 
TaxTMI 
1937 (9) TMI 9
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....e Civil Judge of Bulandahahr, confirming a previous order passed by his predecessor staying a suit pending before him. The stay was ordered under Section 7, Encumbered Estates Act as the defendants had represented to the Court that they had applied to the Collector under Section 6 and that their application had been forwarded to the Special Judge. The suit has been brought by the plaintiff, appell....
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....d to deliver possession as agreed, they would be liable to pay ₹ 4000 as damages. It is alleged in the plaint that the defendants failed to give possession in terms of the agreement. It is also alleged that the defendants did not pay the sum of ₹ 2500 which they had stipulated to pay as profits for 1332 Fasli, Accordingly the plaintiff claimed three reliefs, namely recovery of possessi....
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....ceedings pending at the date of the said order (Collector's order under Section 6) in any Civil or Revenue Court in the United Provinces in respect of any public or private debt to which a landlord is subject or with which his immovable property is encumbered shall be stayed. The suit which has given rise to this revision, so far as the plaintiff claims the relief of possession, is obviously n....
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....posite suit in which two reliefs are not affected by Section 7, Encumbered Estates Act, while the third is such that the suit in respect thereof must be stayed. Any difficulty that may arise in staying a suit, so far as it is for some reliefs and not as regards the rest is, in our opinion, easily met by applying the provisions of Order 2, Rule 6, Civil P.C., which provides: Where it appears to t....