SANWAL DAS Vs. DARGAH SAYED SHAH BAZID HANDI MAUQUF

JUDGEMENT

(1.) Today in the course of arguments learned counsel for the appellants made the following statement :

(2.) In view of these statements the appeal is allowed in part. The appellants are declared to be the licensees of the land upon which the disputed building is situated, and the owners of that building. The order of the lower Court declaring Dargah Syed Shah Bazid Handi Mauquf as the owner of that land is upheld. Parties will bear their costs throughout. Cross-objection in First Appeal No. 438 of 1941

(3.) Creditors NOS. 1 to 8 preferred this appeal against the judgment dated 25-8-1941, passed by the learned Special Judge, 1st Grade, Agra. Upon this the landlord-applicant which is a Dargah filed a cross-objection on 7-4-1942. Sri Kirty who is representing one of the creditors, viz. Creditor No. 9, Bohrey Earn Gopal, raises a preliminary objection to the maintainability of the cross-objection. His contention is that there is no provision in chap. VI, U. P. Encumbered Estates Act about a cross-objection. Section 45 of that Act deals with appeals and Section 46 with revisions. Section 47 provides :