Bind Basni Prasad, J. - (1.) THIS appeal arises out of a suit for the possession of certain plots of land situated in the village of Lalan, pargana Shamli, district Muzaffarnagar. The relevant facts are as follows: - - The plaintiff, Birbal, is a minor and is the son of defendant No. 4, Sangram. The latter was indebted and he applied under section 4 of the Encumbered Estates Act. In due course, a decree for a sum of Rs. 6000/ - was passed against Sangram by the Special Judge in favour of defendants 1 to 6, The papers were sent by him to the Collector for liquidation proceedings under Chapter V of the Encumbered Estates Act. On the 6th of June 1941 Sangram made an application to the following effect: - - (1) That the land specified in Schedule I is the applicant's protected land and he desires to make a permanent alienation of it by way of sale. (2) That the details of the total area of land held by the applicant are given in Schedule I. (3) That the grounds on which the applicant prays for the permission to make permanent alienation are as follows; - - (a) that the applicant is indebted to the extent of about Rs. 6000/ - and there is no other source by which this amount can be paid. All this debt has been decreed under Section 14 of the E.E. Act and the decree -holder has consented to accept only Rs. 3000/ - in full discharge of his debt. This amount the applicant can get by selling ten bighas pukhta of his land. The transaction is most beneficial and it leaves ample property for the maintenance of the applicant and his family. Also the sale price comes to Rs. 100/ - per bigha Kham which is fairly a good price. (4) It is prayed that permission may be granted under Section 24 of the United provinces Regulation of Agricultural Credit Act, 1940, for making permanent alienation of the land specified in Schedule I. On the 7th of June 1941 the Sub -Divisional Officer passed the following order: Beneficial. Permission to sell within two months is granted.
(2.) ON the 9th of June, 1941 the sale -deed in dispute was executed in respect of ten bighas Pukhta. It may be noted here that the property which was mortgaged to the defendants 1 to 3 was 17 bighas, 17 biswas pukhta, out of which permission for sale was obtained in respect of ten bighas pukhta only. On the 10th June, 1941 Sangram applied to the Liquidation Officer that, as the entire debt has been paid off, the liquidation proceedings tinder the Encumbered Estates Act might be terminated. This was granted. The sole point which has been argued before me is that the permission which was granted by the Sub -Divisional Officer on the 7th June, 1941 was really under Section 24 of the U.P. Regulation of Agricultural Credit Act, 1940 and not under Section 7 of the U.P. Encumbered Estates Act and that being so, the sale was null and void.
(3.) THE learned Munsif agreed with the plaintiff's contention and decreed the claim. In appeal the learned District Judge took a contrary view and dismissed the plaintiffs suit. The plaintiff, therefore, comes in appeal.;