The UNITED PROVINCES ENCUMBERED ESTATES ACT, 1934

  
1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE UNITED PROVINCES ENCUMBERED 
ESTATES ACT, 1934  
(U.P. Act No. XXV of 1934 ) 
 
  
2 
 THE UNITED PROVINCES ENCUMBERED ESTATES  
ACT, 19341 
(U. P. ACT No. XXV OF 1934) 
 Amended by  
U. P. Act no. IV of 1935 
U. P. Act no. XI of 1939 
U. P. Act no. II of 1940 
U. P. Act no. X of 1943 
U. P. Act no. IV of 1946 
U. P. Act no. XIII of 1954 
 Adapted and modified by the Government of India 
(Adaptation of Indian Laws) Order, 1937. 
Adapted and modified by the Adaptation of Laws Order, 
1950. 
 [Received the assent of the Governor on January 15, 1935, 
and of the Governor General on April 10, 1935, and was  
2[published under section 81 of the Government of India Act on 
April 27, 1935.] 
 AN 
ACT 
to provide for the relief of Encumbered Estates United Provinces  
 WHEREAS it is expedient to provide for the relief of Encumbered 
Estates in the United Provinces and whereas the previous sanction of 
the Governor General under section 80-A of the Government of India 
Act has been obtained to the passing of the Act ;  
It is hereby enacted as follows ; 
 CHAPTER-1 
PRELIMINARY 
Short title, 
extent and 
Commencement 
1.  (1) This Act may be called the United Provinces Encumbered 
Estates act, 1934. 
(2) It extends to the whole of 3[Uttar Pradesh]4[* * * ] except the 
districts of Garhwal and Almora, the Naini Tal Tahsil of the Naini Tal 
District and the tract of JaunsarBawar of the Dehra Dun District.  
 (3) ( a) This chapter and Chapter III shall come into force on 
such date 5 as may be notified in the 6[official Gazette ] by th e 7[State 
Government] in that behalf. 
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1.  For S. O. R. see Gaz. Extra., d. March 29, 1934, p. 15; for R. S. Com., see ibid., d. June 15, 1934,  pp. 1—
54; for discussion, see L. C. Pro., d. April 9 and 112, and June 23, 1934, in Vol. LXIII, pp. 93 —136 and 
581, 584, respectively, d. November 15, 16, 19, 20, 26, 7, 28, 29, 30, and Dec. 1 and 3, 1934, in Vol. 
LXVI, pp. 314—335, 358—408, 420—476, 47—541, 548, 579, 586 —612, 620, 663, 666—698, 700—746, 
748—80 and 819 —873, respectively, and December 7 and 8, 1934, in Vol. LXIV, pp. 145 —159 and 165 
220, respectively. 
2. See Gaz. 1935, Pt. VII, pp. 31–41. 
3.Subs. by the A. O. 1950 for (the United Provinces). 
4.  The words (of Agra and Oudh) omit. byibid. 
5. All the chapters of this Act came into force on April 30, 1935 (see not. no. 329, Rev., d. April 27, 1935, in 
Gaz., 1935. Pt. VIII, pp. 100.) 
6. Subs. for ―Gaz.‖By A. O. 1937. 
7. Subs. by the A. O. 1959 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.). 
  [The United Provinces Encumbered Estates Act, 1934] 
3 
 (b) The remaining chapters shall come into force on the expiry 
of a period of one year from the date notified under the provisions of 
clause (a) : 
 
Provided that the 1[State Government] may from time to time by 
notification in the 2[official Gazette] bring the said chapters into effect 
in any district or districts on any earlier date or dates.  
 
2. In this Act unless there is anything repugnant in the subject 
or context : 
(a) ―debt‖ includes any pecuniary liability except a liability for 
unliquidated damages ; 
(b) ―private debt‖ means any debt other than a public debt ; 
Definitions 
(c) ―public debt‖ means a 3[debt due to the 4[(Government)] or to 
to a local authority ; 
(d) ―land‖ means a share of or interest in a mahal  in 5[Uttar 
Pradesh]but does not include the interest of a mortgagee or thekadar 
or an assignment of land revenue unless it is transferable and 
perpetual ;  
 
(e)  6[ *  *  * ] 
(f) ―mahal‖ has the same meaning as in sub -section (4) of 
section 4 of the Land Revenue Act, 1901 ; 
 
(g) ―landlord‖ means a proprietor of a mahalor of a share of or 
interest in a mahal and includes an ubaridar, an under proprietor or a 
sub-proprietor and a proprietor of specific plots, but does not include a 
mortgagee or a thekadar : 
 
Provided that no person shall be deemed to be a landlord, if his 
land is assessed to less than a local rate of one rupee under  
section 109 of the District Boards Act, 1922. 
 
(h)  7[ *  *  * ] 
(i)   7[ *  *  * ] 
(j)   7[ *  *  * ] 
(k)  7[ *  *  * ] 
 
 
 
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1. Subs. by the A. O. 1959 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.). 
2. Subs. for ―Gaz.‖By A. O. 1937. 
3. Subs. for ―debt due to Government‖ by A. O. 1937. 
4. Subs. by the A. O. 1950 for [crown]. 
5. Subs. by the A. O. 1950 for [Provl.Govt.]. 
6. Omit. by  s. 2 (i) of U. P. Act XIII of 1954. 
7. Omit by s. 2 (i) of U.P. Act XIII of 1954. 

[The United Provinces Encumbered Estates Act, 1934] 
4 
 (l)    1[ *  *  * ] 
(m)  1[ *  *  * ] 
 2[(n) a reference to ‗proprietary rights in land‘ shall include a 
reference to compensation and rehabilitation grant payable under and 
in accordance with the U. P. Zamindari Abolition and Land Reforms 
Act, 1950, and  
 (o) the expressions ‗compensation‘ and ‗rehabilitation grants‘ 
shall mean the compensation or as the case may be, the rehabilitation 
grant payable under the U. P. Zamindari Abolition and Land Reforms 
Act, 1950, and includes in the case of compensatio n, interim 
compensation payable under section 29 of the said Act.] 2 
 CHAPTER-II 
APPOINTMENT OF OFFICERS 
Appointment 
and removal 
of Special 
Judge 
3.  (1) The 3[State Government] may appoint any civil judicial 
officer to be a Special Judge of the first or second grade for any local 
area and such Special Judge shall, subject to the orders of 
Government as regards the area and extent of his jurisdiction to 
exercise the powers conferred, and perform the duties imposed, on him by 
this Act.  
 (2)3[The State Government] may suspend or remove any Special 
Judge so appointed.  
 CHAPTER-III 
THE APPLICATION 
Application 
for benefit of 
Act and time 
within which 
it may be 
made 
4.  (1) At any time within one year after the date on which this 
chapter comes into force any  landlord who is subject to or whose 
immovable property or any part thereof is encumbered with private 
debts, may make an application in writing to the Collector of the 
district in which his land or any portion of his land is situated stating 
the amount of  such private debts and also of his public debts both 
decreed and undecreed and requesting that the provisions of this Act 
be applied to him : 
 Provided that when the property of any landlord is under the 
superintendence of the Court of Wards any applicat ion under this 
section shall be made by the manager of his property and, when any 
landlord is by reason of personal incapacity disqualified from 
instituting any proceeding in  a civil court, an application under this 
section may be made on his behalf by hi s legal or natural guardian or 
any person actually managing his property : 
 
 
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1. Omit by s. 2 (i) of U.P. Act XIII of 1954. 
2. Add. by s. 2 (iii), of U. P. Act XIII of 1954. 
3. Subs. by the A. O. 1959 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.). 

  [The United Provinces Encumbered Estates Act, 1934] 
5 
Provided also that no application by a member of a joint Hindu 
family shall be entertained, unless — 
(a) all the members of such family join and the fact is stated in 
the application, or  
(b) the applicant makes in the application an express 
declaration of his intention of separating from the joint family and 
states the names and addresses of the remaining members of the 
family and the share which the applicant would be entitled to get on 
partition of the family property.  
Provided also that no landlord who has been adjudicated 
insolvent and has not been discharged shall apply under this section : 
Provided also that if an application under this section is made 
by all the heirs of  a deceased debtor who are not members of a joint 
Hindu family, then this fact shall be stated in the application : 
Provided also that if an application under this section is made 
by one or more but not by all the heirs of a deceased debtor who are 
not members of a joint Hindu family then this fact shall be stated in 
the application and the names and addresses of those heirs who have 
not joined in the application and the shares of all the heirs in the 
property inherited by them from the deceased debtor sha ll be 
mentioned in the application.  
(2) The 1[State Government] may by notification in the 2[Official 
Gazette] 3[extend] the time prescribed for making applications under 
this section by a further period of six months. 
(3) If within three months after t he date on which Chapter III of 
this Act comes into force a landlord has applied for amendment of a 
decree under the provisions of the United Provinces Agriculturists 
Relief Act, 1934, the period from the date of his application to the date 
of the final di sposal thereof shall be excluded from the period within 
which he may make an application under sub -sections (1) and (2) of 
this section. 
(4) If a landlord presents an application under this section 
within a period of six months next following the last dat e on which an 
application may be made under the provisions of sub -section (1) or (2) 
of this section, as the case may be, and satisfied the Collector that he 
was prevented by any sufficient cause from applying within the period 
prescribed by those sub -sections, the Collector may accept the 
application. 
——————————————————————————————————————————  
1.Subs. by the A. O. 1958 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.). 
2.Subs. for ―Gaz.‖By A. O. 1937. 
3.  For extending the time for application by six months, see not. no. 812—VII/I—434, D. April 1, 1936, in 
Gaz. 1936, Pt. VIII, p. 97. 
[The United Provinces Encumbered Estates Act, 1934] 
6 
 1[(5)] If an objection is taken before the Collector or Special Judge 
that the application is defective and such an objection is up held, the 
Collector or Special Judge, as the case may be, shall at the req uest of 
the landlord amend the application in accordance with the provisions of 
the Code of Civil Procedure, 1908, relating to the amendment of plaints, 
and shall proceed with the case.  
 2[(6) No application shall be dismissed by reason only of the fact 
that the applicant is a landlord by virtue of su ccession to or surrender 
by a Hindu widow or other limited owner.] 
Bar of second 
application 
5.  No landlord who has made an application under section 4 
shall be entitled to make another application to any ot her Collector. If 
such other application is made all proceedings arising out of it shall be 
void and such application shall be reported to the Board of Revenue.  
Transmission 
of 
application 
to Special 
Judge 
6. 3[When an application has been duly made acco rding to the 
provisions of section 4, the Collector shall forthwith pass an order that it 
be forwarded to the Special judge and shall furnish the applicant free of 
cost with a certified copy of the order.  He shall then forward the 
application to the Specia l Judge and shall inform him of such public 
debts outstanding against the landlord as may be laid down in rules 
framed by the 4[State Government] in this behalf.]3 
Consequence 
of 
acceptance 
of an 
application 
by the 
Collector 
7.5[(1) When the Collector has  passed an order under section 6 
the following consequences shall ensue : 
(a) all proceedings pending at the date of the said order in any 
civil or revenue court in 6[Uttar Pradesh] in respect of any public or 
private debt to which the landlord is subject,  or with which his 
immovable property is encumbered, except an appeal 7 [review] or 
revision against a decree or order, shall be stayed, all attachments and 
other execution processes issued by any such court and then in force in 
respect of any such debt sha ll become null and void, and no fresh 
process in execution shall, except as hereinafter provided, be issued ; 
 
 (b) no fresh suit or other proceedings other than an appeal 
8[review] or revision against a decree or order, or a process for ejectment 
for arrears of rent shall, except as hereinafter provided, be instituted in 
any civil or revenue court in 6[Uttar Pradesh] in re spect of any debts 
incurred before the passing of the said order 9[but if for any reason 
whatsoever such a suit or proceeding has bee n instituted, it shall be 
deemed to be a proceeding pending at the date of the said order within 
the meaning of clause (a)] 
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1 Add. by s. 2 of U. P. Act XI of 1939. 
2 .Add by sec. 2 ibid. 
3 .Subs. by s. 2 of U. P. Act IV of 1935. 
4 .Subs. by the A. O. 1950 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.). 
5. Ins. by s. 3 of U.P. Act IV of 1935. 
6 Subs. by the A. O. 1950 for the United Provinces. 
7 Ins. by the s. 3 of U. P. Act XI of 1939. 
8. Ins. by the sec. 3 of U.P. Act XI of 1939. 
9 Add. by s. 4., ibid. 

  [The United Provinces Encumbered Estates Act, 1934] 
7 
Provided that when a landlord has executed anusufructuary 
mortgage in respect of any of his land and is in possession of that land 
as a thekadar of the mortgagee, no fresh process shall issue for his 
ejectment from that land for arrears of the theka rent. 
 
(2) After the passing of the said order and until the application is 
dismissed by the Special Judge under sub -section (3) of sect ion 8 or 
proceedings under this Act are quashed under section 20 or until the 
Collector has liquidated the debt 1[under Chapter V] no decree obtained 
on the basis of any private debt incurred by the landlord after the 
passing of the order under section 6 shall be executed against any of his 
property, other than proprietary rights in land which has been 
mentioned in the notice under section 11 and the landlord shall not be 
competent without the sanction of the Collector to make an exchange or 
gift of, or to sell, mortgage or lease, any of that property.   
 
(3) After the passing of the order under section 6 and until the 
Collector has declared in accordance with section 44 that landlord has 
ceased to be subject to the disabilities of this sub -section 2[or until the 
passing of the order by the Special Judge, referred to in sub -section (2) 
of section 44] 2 no decree obtained on the basis of any private debt 
incurred after the passing of the order under section 6 shall be executed 
against any of the landlord‘s pro prietary rights in the land mentioned in 
the notice published under section 11 and the landlord shall not be 
competent, without the sanction of the Collector, to make any exchange 
or gift of, or to sell, mortgage or lease those proprietary rights, or any 
portion of them.  
 
(4) Any transfer made in contravention of the provisions of this 
section shall be void.  
 
CHAPTER-IV 
PROOF OF DEBTS AND PROCEDURE OF SPECIAL JUDGE 
 
83. (1) When the Special Judge has received an application under 
under section 6, he shall ca ll upon the applicant to submit to him 
within a period to be fixed by him on this behalf a written statement 
containing so far as may be practicable — 
Written 
statement to 
be submitted. 
(a) full particulars respecting the public and private debts to 
which the landlord is subject, or with which his immovable property or 
any part thereof is encumbered ; 
(b) the nature and extent of the landlord‘s proprietary rights in 
land ; 
 
(c) the nature and extent of the landlords property which is liable 
to attachment and sale under section 60 of the Code of Civil Procedure, 
1908, exclusive of his proprietary rights in land ; and  
(d) the names and addresses of his creditors, so far as they are 
known to or can be ascertained by the applicant.  
 
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1 Subs. by s. 3 of U. P. Act XIII of 1954. 
2. Added by s. 4 of U.P. Act no.XI of 1939. 
3.  Renumbered by s. 4 of U. P. Act IV of 1935. 

[The United Provinces Encumbered Estates Act, 1934] 
8 
Verification 
of statement. 
(2) The statement shall be verified in the manner prescribed by 
law for the verification of plaints ; 
Provided that, when the application is made by the manager of 
any property, under the superintendence of the Court of Wards, it shall 
not be necessary for such manager to verify the statement but the 
landlord shall, so far as may be practicable, within a period to be fixed 
by the Special Judge in this behalf furnish such information regarding 
any of the matters mentioned in clause (a), (b), (c) and (d) o f sub-section 
(1) of this section as the Special Judge may require.  
 1[(3) When the written statement referred to in sub -section (1) or 
the information referred  to inthe proviso to sub-section (2) has not  
 
 been submitted or furnished within the perio d fixed without any 
reasonable cause, the Special Judge may dismiss the application and 
in that case shall inform the Collector that he has done so) ]. 
Notice calling 
for claims 
92.  (1) The Special Judge shall publish in the 3[official Gazette] 
a notice in English 4[and in Hindi in Devanagri Scripts] 5[****] calling 
upon all persons having claims in respect of private debts both decreed 
and undecreed against the person or the property of the landlord by or 
on whose behalf the application has been made unde r section 4 to 
present to the Special Judge, within three months from the date of the 
publication of the notice, written statements of their claims.  
Copies of 
notice to be 
exhibited 
(2) The Special Judge shall also cause copies of such notice to 
be published in such 6 [paper or] papers 7[* * * ]as he may direct and to 
be exhibited at his own office, at the office of each Collector within 
whose district any part of the property of the landlord is situate, and at 
some conspicuous place in the village where th e landlord resides and 
shall also send a copy of the notice 8 [and a copy of the written 
statement submitted under sub -section (1) of section 8] by registered 
post to each of the creditors whose names and addresses are 
mentioned in the statement under claus e (b) of sub -section (1) of 
9[section 8]. 
Provision for 
admission of 
claims within 
a further 
period of two 
months 
(3) The written statement must be presented within the period 
specified in the notice, unless the claimant  satisfied the Special Judge 
that he had sufficient cause for not presenting it within such period, in 
which case the Special Judge may ]10, 11[subject to such orders as to 
cost as he may deem fit receive such statement if presented at any time 
before the date on which he sends the decrees to the Collector under 
the provisions of section 19 or before the 30th day of November, 1939, 
whichever is later.]11 
 (4) If one or more members of a joint Hindu family apply Apportionment 
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1. Add by s. 6 of U.P. Act IV of 1935. 
2. Renumbered  by s. 4 ibid. 
3. Subs. for ―Gaz.‖ by A. O. 1937. 
4. Ins. by the A. O. 1950. 
5. The words ―Urdu and Hindi‖ del. by s. 6 of U. P. Act XI of 1939. 
6. Ins. by the s. 7 of U. P. Act XI of 1939. 
7. The words ―including at least one paper published in English‖ del. by s. 7 ibid. 
8. Add.  by s. 8 ibid. 
9. Subs. for ―s. 7‖ by s. 5  of  U. P. Act IV of 1935. 
10. The comma was ins. by s. 9. of U. P. Act XI of 1939. 
11. Subs.for the words ―receive the statement if presented within a further period of two months‖ by s. 9 ibid. 

  [The United Provinces Encumbered Estates Act, 1934] 
9 
under the second proviso of sub -section (1) of section 4 then the 
Special Judge sha ll apportion the debts due by and the property 
belonging to the joint family between members who have so applied 
and those who have not applied and, for the purposes of this Act, 
those members who have applied under section 4 will be treated as if 
they had separated from the other members. 
of debts and 
property in 
case of 
application by 
members of a 
joint Hindu 
family.  
 (5) (a) If one or more of several joint debtors, who are not 
members of the same joint Hindu family, apply under section 4 but 
all the joint debtors do not apply then the Special Judge shall 
determine the amount of the joint debt which is due by the debtor or 
debtors who have applied and the amount due by those who have 
not applied. For the purpose of this determination the Sp ecial Judge 
shall make the joint debtors who have not applied parties to the 
proceedings and shall hear any objection that they may make before 
recording his finding.  
Determination 
of liability of 
joint debtors 
who are not 
members of a 
joint Hindu 
family. 
(b) If all the joint debtors have not applied under section 4 
the creditor shall have a right to recover from the debtors who have 
not applied only such amount on account of the joint debt as may be 
1[determined] by the Special Judge to be due by them.  
 
2 [(c) Where no suit has been instituted or where on 
application for execution of joint decree has been made in any other 
court in respect of such joint debt or joint decree the creditor may on 
application to any court having jurisdiction to entertain suc h suit, or 
execute such decree, obtain a decree, or get the decree executed 
against non -applicant joint debtors, for the amount so determined, 
subject to the payment of the court -fee payable on such execution 
application, or on a plaint in suit for the amo unt determined by the 
Special Judge. : 
 
Provided that notwithstanding anything contained in the 
Indian Limitation Act, 1908, or any other law for the time being in 
force, in computing the period of limitation for such suit or such 
execution application th e period from the date of the order of the 
Collector under section 6 to the date of determination of such debt 
by the Special Judge under clause (b) shall be excluded in either 
case.] 
 
3[(d) Where a suit in respect of the joint debt had been 
instituted or  an application for the execution of the joint decree 
made, and proceedings herein were stayed under sub -section (1) of 
section 7, the court in which such suit had been instituted or such 
execution application was made shall, on the application of the 
creditor, proceed with such suit, or execute such application in 
accordance with sub -section (c) as against those joint debtors who 
had not applied under section 4, in respect of the amount of the joint 
debt determined by the Special Judge to be due from such joint 
debtors] : 
 
 
——————————————————————————————————————————  
1. Subs. for (decreed) by s. 10  U. P. Act XI of 1939. 
2.  Cl. (c) was ins. by  s. 11 ibid,. 
3.  Cl. (d) was ins. by s. 11 of U. P. Act XI of 1939. 

[The United Provinces Encumbered Estates Act, 1934] 
10 
 Provided that in a suit in respect of a liability of a firm, not 
being a joint family firm and not being a landlord itself, the creditor 
shall be entitled to proceed in respect of the whole debt against the 
property of the firm ; but t he amount recoverable from the applicant 
partner personally shall be determined in accordance with the provision 
of section 14 : 
 Provided further that for the purposes of this Act a person who 
is liable for a debt as a surety shall not be deemed to be a joint debtor: 
Provided further that notwithstanding anything to the contrary 
in the Code of Civil Procedure, 1908, nothing in this Act shall prevent 
the institution of a suit for the recovery of debt against a surety, but no 
decree shall be passed in such suit for an amount in excess of the 
amount determined or which would have been determined in 
accordance with the provisions of section 14 against the landlord : 
 
1[Provided also that the total amount which may be recovered 
from the landlord and the surety  shall not exceed the amount 
determined or which might have been determined by the Special Judge 
against the landlord.] 
Apportionment 
of liability of 
heirs of a 
deceased 
debtor. 
(6) If one or more but not all the heirs of a deceased debtor who 
are not mem bers of a joint Hindu family apply under section 4 the 
Special Judge shall apportion the debts due by and the property 
belonging to the deceased debtor between those heirs who have made 
the application and those who have not and subject to the provisions 
of section 49 that portion of the debt which falls to the share of the 
heirs who have applied shall be liquidated from the property allotted to 
them and they shall not be responsible for the portion of the debt 
which falls to the share of the heirs who have  not joined in the 
application.  
 
Appointment of 
receiver for 
land. 
2[* * * * *] 
3[9-A.  (1) If at any time after the issue of notice under section 9 
the landlord fails to satisfy— 
 (i) a claim for maintenance falling due after that date under a 
decree passed before that date, or 
(ii) a decree in respect of a claim for maintenance, wages or for 
professional services passed after that date.  
 any person in whose favour such a claim has arisen or such a decree 
has been passed may at any time within he peri od of limitation for the 
recovery of the amount due under such decree apply to the Special 
Judge for the appointment of a receiver and unless such decree is 
satisfied within a period to be specified by him, the Special Judge shall, 
unless in his    opinion the claim can be satisfied by the appointment 
 
——————————————————————————————————————————  
1. Ins. by s. 11 of U.P. Act no.XI of 1939. 
2.Omit. bys. 4 of U. P. Act IV of 1935.  
3.Add.bys. 5  of  U. P. Act IX of 1939. 

  [The United Provinces Encumbered Estates Act, 1934] 
11 
of a receiver under section 9 -B, appoint a receiver of the whole of the 
landlord‘s proprietary rights in land or of such part of such proprietary 
rights as may appear to him to be necessary. 
 
(2) Except as otherwise provided by this Act, the appointment 
remuneration, duties, etc. of any such receiver shall be governed by the 
provisions of Order XL of the First Schedule of the Code of Civil 
Procedure : 
 
Provided that nothing in sub -rule (2) of rule 1 of that  Order 
shall be deemed to prevent the Special Judge from appointment a 
receiver under this section. 
 
(3) The receiver shall, subject to such payments to the landlord 
as may be ordered by the Special Judge, meet such claim from the 
income of the property under his charge. 
 
(4) [The applicant may at any time apply to the Special judge for 
the cancellation of the order appointing a receiver, and the Special 
Judge shall, if he is satisfied that all such claims have been and in the 
case of a claim for maintena nce will in future be satisfied without fail, 
1[or that it is no longer necessary in consequence of the acquisition of 
estates under the U. P. Zamindari Abolition and Land Reforms Act, 
1950 to continue the appointment of a receiver] cancel the order 
appointing the receiver.  
 
(5)  2[ * * * * ] 
date on which debts are finally discharged either by payment of cash to 
the debtors under section 23 or section 24 or the grant of a mortgage 
under section 25, or by the fixation of installment under section 27, or 
by the transfer of property under section 31, all the owners of the 
Special Judge, under this section shall vest in the Collector, and if the 
orders of the Special judge appointing a receiver have not been 
cancelled before the decrees are sent to the Collec tor under section 19, 
the receiver shall, until his appointment is cancelled by the Collector, 
be considered as having been appointed by the Collector. 
 
 
(6) If the proceedings are quashed under section 20, or the 
application under section 4 is dismissed,  the order appointing the 
receiver shall be deemed to be cancelled.] 
 
3[9-B.  (1) At any time after the issue of the notice under section 
9 the Special Judge may of his own motion or on the application of any 
of the creditors, and shall on the application  of any person who might 
have applied for the appointment of a receiver under sub -section (1). If 
section 9-A and whose claim remains unsatisfied pass such orders and 
give such directions for the preservation and management of the 
debtor‘s property not bei ng proprietary rights in land, and for the 
satisfaction of such claims from the income of such property as he may  
Direction for 
the 
management 
and 
preservation 
of 
appointment 
of receiver 
for non-
landed 
property. 
——————————————————————————————————————————  
1.Subs. by s. 4 of U. P. Act  XIII of 1954. 
2.Omit. by s. 4 (2) ibid. 
3.  S. 9-B.  add. by s. 5  of  U. P. Act XI  of 1939. 

[The United Provinces Encumbered Estates Act, 1934] 
12 
 consider just and equitable. He may order that the whole or any portion 
of the income of such property be utilized for the satisfaction of such 
claim or be appropriated for the maintenance of the debtor and his 
family and shall give necessary directions for the accumulation of the 
balance of such  income for the benefit of the creditors, and may from 
time to time vary or modify such orders. 
 (2) If the Special Judge considers it just and convenient in the 
interest of the creditors or claimants aforementioned or if he is of the 
opinion that the pro per carrying out of orders passed under sub -
section (1) so requires, he may appoint a receiver of the whole or any 
part of debtor‘s property, other than proprietary rights in land, and the 
provisions of sub-section (2) of section 9-A shall apply to such receiver:  
 Provided that the Special Judge may for reasons to be recorded 
appoint the debtor to be the receiver. 
 (3) A receiver appointed under this section shall continue, even 
if the decrees passed by the Special Judge have been forwarded to the 
Collector under section 19 of the Act, unless the Collector for reasons 
to be recorded in writing cancel or modified the order of his 
appointment on such terms as he thinks fit. In any, case, any sum 
which has accumulated or is in the hands of the receiver shall  be 
transferred to the Collector who shall treat such sum as a payment by 
the applicant in accordance with the provisions of section 23.] 
 
 
 
Receiver in 
certain 
special cases.  
9-C.  1[ * * * ] 
2 [9-D. The Collector may, on the application of a creditor, 
appoint a receiver of any property possession of which has been or 
might be delivered under the provisions of section 35 and if a receiver 
is so appointed the provisions of sub-section [(2) and (4)]3 of section 9-A 
and the provisions of sub -section (3) of s ection 9 -B regarding the 
disposal of funds in the hands of the receiver shall, mutatis mutandis, 
apply.] 
Claim to 
contain full 
Particulars.  
10.  (1) Every claimant referred to in [section 9] 4 shall in the 
written statement of his claim, give full particu lars thereof and shall 
state so far as they are known to or can be ascertained by him, the 
nature and extent of the landlord‘s proprietary rights in land and the 
nature and extent, if any, of the landlord‘s property other than 
proprietary rights in land. 
Documents to 
be given up. 
(2) Every document on which the claimant bases his claim, or 
on which he relies in support thereof, shall be delivered to the Special 
Judge along with the written statement or if the Special Judge so 
directs on some later date or dates to be specified by him from time to 
time in that behalf. 
——————————————————————————————————————————  
1.Omit. by s. 5 of U. P. Act XIII of 1954.  
2.Add.by s. 5 of U.P. Act No. XI of 1939. 
3.Subs. by s. 6  of U. P. Act XIII of 1954. 
4.Subs. for ―s. 8‖ and ―s. 7‖ respectively by s. 5 of  U. P. Act IV of 1935.  

  [The United Provinces Encumbered Estates Act, 1934] 
13 
 (3) If the documents is an entry in any book, the claimant shall 
produce the book before the Special Judge, together with a copy of the 
entry on which he relies. The Special Judge shall mark the book for the 
purpose of identification and, after 1 [having the copy examined and 
compared] with the original, shall return the book to the claimant. 
Entries in 
books. 
(4) If any document in the possession or under the control of the 
claimant is not de livered or produced by him as required by this section, 
the Special Judge may refuse to receive it in evidence on behalf of the 
claimant at the investigation of the case.   
Exclusion of 
documents 
not 
produced. 
11.  (1) The Special Judge shall publish a no tice in the manner 
specified in 2 [section 9] specifying the property mentioned by the 
applicant under 2[section 8] or by any claimant under section 10. 
Notice 
specifying 
alleged 
property of 
a landlord 
and 
determina-
tion of 
claims 
thereto. 
(2)  Any person having any claim to the property mentioned in 
such notice shall, within a period of three months from the date of the 
publication of the notice in the 3[official Gazette], make an application to 
the Special Judge stating his claim and the Special Judge sha ll determine 
whether the property specified in the claim, or any part thereof, is has to 
attachment, shall or mortgage in satisfaction of the debts of the 
applicants.  
 
[Provided that if the claimant satisfies the Special Judge that he 
had sufficient caus e for not making his application within the above 
period, the Special Judge may receive such application, if presented, at 
any time before the debt has been liquidated 4[under Chapter V]. 
 
(3) The Special Judge shall determine all claims made under this 
section before he proceeds to determine the amount due to any creditor 
under section 14 and shall not pass any decree under that section until 
the expiry of a period of one month after the last day on which he 
determines a claim under this section.  
 
(4)  Any order passed by the Special Judge under this section 
shall be deemed to be a decree of a civil court of competent jurisdiction. 
 
12.  Any transfer of property made by a landlord or other person 
acting on his behalf between the day on which the first c hapter of this Act 
comes into force and the day on which he applies under section 4, not 
being a transfer made before and in consideration of marriage or made in 
favour of a purchaser or encumbrances in good faith and for valuable 
consideration, may be ann ulled at the instance of any creditor, if the 
Special Judge finds that such transfer was made with a view to deprive the 
landlord‘s creditors of their rights under this Act. 
Annulment 
of transfer 
by landlord 
in certain 
cases. 
 
——————————————————————————————————————————  
1. Subs. for ―examining and comparing the copy‖ by s. 12  of  U. P. Act XI of 1939. 
2.  Subs. for ―s. 8‖ and ―s. 7‖ respectively by s. 5 of  U. P. Act IV of 1935. 
3. Subs. for ―Gaz.‖ by A. O. 1937. 
4. Subs. by s. 7 of U.P. Act XIII of 1954. 

[The United Provinces Encumbered Estates Act, 1934] 
14 
Claim not 
duly notified 
to be deemed 
discharged. 
 
Act II of 1912 
13.  Every claim decreed or undecreed against the landlord in 
respect of a private debt, other than a debt due to a co-operative society 
registered under the Co -operative Societies Act, 1912, by its members 
shall unless made within the time and in the manner required by this 
Act, be deemed for all purposes and on all occasions to have been duly 
discharged.    
Examination 
of claims and 
determinatio
n of amount 
of debts. 
14.  (1)  The Special Judge shall, by an order in wr iting, fix a 
date for inquiring into 1[the claims] made in ‗pursuance of the notice 
published in accordance with 2[section 9] and give notice of such date 
3[to all the claimants] and the person who made the application under 
section 4. 
 (2) The Special Ju dge shall examine each claim and after 
hearing such parties as desired to be heard and considering the 
evidence, if any, produced by them shall determine the amount, if any, 
due from the landlord to the claimant on the date of the application 
under section 4. 
 (3) All evidence recorded in any suit or proceeding which is 
stayed under sub-section (1) of [section 7] 4may be taken by the Special 
Judge as evidence recorded before himself. 
 (4) In examining each claim the Special Judge shall have and 
exercise all the powers of the court in which a suit for the recovery of 
the money due would lie and shall decide the questions in issue on the 
same principles as those on which such court would decide them, 
subject to the following provisions, namely— 
 (a) the amou nt of interest held to be due on the date of the 
application shall not exceed that portion of the principal which may still 
be found to be due on the date of the application : 
 (b) the provisions of the Usurious Loans Act, 1918, will be 
applicable to proceedings under this Act : 
(c) the provisions of the United Provinces Agriculturists‘ Relief 
Act, 1934, shall not be applicable to proceedings under this Act.  
 (5) For the purpose of ascertaining the principal under clause (a) 
of sub -section (4) the Special Judge shall treat as principal any 
accumulated interest which has been converted into principal at any 
statement or settlement of account or by any contract made in the 
course of the transaction 5[on or before December 31, 1916]. 
 6 [Explanation— Interest which on or before December 31, 
1916, become part of the principal under the express terms of original  
——————————————————————————————————————————  
1. Subs. for ―each claim‖ by s. 14  of  U. P. Act XI of 1939. 
2. Subs. for ―s. 8‖ by s. 5 of  U. P. Act IV of 1935. 
3. Subs. for ―the claimant‖ by s. 14  of  U. P. Act XI of 1939. 
4. Subs. for ―s. 9‖ by s. 5 of  U. P. Act IV of 1935. 
5. Subs. for ―before Dec. 31, 1916‖ by s. 14 of U. P. Act XI of 1939. 
6.  Ins. by s. XI of 1939. 

  [The United Provinces Encumbered Estates Act, 1934] 
15 
contract shall, for the purposes of this section, be deemed to be 
principal.]1 
 
(6) For the purpose of ascertaining the principal under clause 
(a) of sub-section (4) the Special Judge shall not treat as principal any 
accumulated interest which has been converted into principal at any 
statement or settlement of accounts or by any contract made in the 
course of the transactions after December 31. 1916. 
 
(7) If the Special Judge finds that— 
(a) no amount is due, he may pass a decree for costs in favour 
of the landlord ; 
(b) an amount is due to the claimant he shall —  
Decrees of 
Special Judge. 
(i) pass a simple money decree, having regard also to the 
provisions of sections 3 of the U. P. Zamindar‘s Debt Reduction Act, 
1952, for such amount together with any costs which he may allow in 
respect of the proceedings in his court and of proceedings in any 
court stayed under the provisions of this Act together with 
pendentelite and further interest at a rate not higher than 4¼ per cent 
per annum ; and 
 
(ii)  also certify the amount, if any, of such decree which, in 
accordance with the provisions of section 8 of the U. P. Zamindar‘s 
Debt Reduction Act, 1952, is not legally recoverable otherwise than 
out of the compensation and rehabilitation grant payable to the 
landlord : 
 
2[Provided that no pendentelite interest shall be allowed in the 
case of any debt where the creditor was in possession of any portion 
of the debtor‘s property in lieu of interest payable on such debt for the 
period he was so in possession.  
 
(8) Every decree passed under sub -section (7) shall be deemed 
to be a decree of a court of competent jurisdiction but shall not be 
executable within U. P. except under the provisions of this Act.] 
 
15.  In determining the amount due on the basis of a loan 
which has been the subject of a decree the Special Judge shall accept 
the findings of the court which passed the decree except in so far as 
they are inconsistent with the provisions of section 14 3[or section 4 of 
the U. P. Zamindar‘s‘ Debt Reduction Act, 1952]: 
Saving in 
respect of 
existing 
decrees. 
Provided that the Special Judge shall not determine any claim 
under a decree, until an appeal or revision  filed against such decree 
has been finally decided or the period allowed for appeal has expired, 
and in all such cases the findings of the Special judge shall be based 
on the final decree.  
 
16. The Special Judge shall rank all debts for priority, 
provided that debts in the earlier of the following classes shall have 
priority over those in the later classes : 
Ranking of 
debts for 
priority. 
——————————————————————————————————————————  
1.  Ins. by s. XI of 1939. 
2.Subs. for by s. 8  of  U. P. Act XIII of 1954. 
3.Ins. for by s. 9  of  U. P. Act XIII of 1954. 

[The United Provinces Encumbered Estates Act, 1934] 
16 
 Class (1) Debts recoverable under the Agra Tenancy Act, 1926 1, 
the Oudh Rent Act, 18862, and the Land Revenue Act, 1901 ; 
Class (2) Public debts due to the Government and public debts 
due to a local authority creating a charge on immovable property ;  
 
Class (3) Debts secured upon property against which the 
Collector may take action under the provisions of section 24 up to the 
value of the security ;  
3[Class (3 -A) Secured debts which are not legally recoverable 
otherwise than out of the compensation and rehabilitation grant 
payable to the landlord ;] 
 
Class (4) Other secured debts ; 
Class (5) Debts due on account of goods supplied or services 
rendered ; and  
Class (6) Unsecured debts due to a local authority ; debts falling 
into class (3) in excess of the value of security and other unsecured 
debts.  
Determination 
of amount of 
public debts 
reported by 
Collector 
17. (1) If the amount of any public debt reported by the Collector 
under section 6 is disputed and if a suit would lie in any civil or 
revenue court to determine the amount of that debt, the Special Judge 
shall, after such inquiry as may be necessary, determine such dispute. 
 
(2) If a suit would not lie in any civil or revenue court to 
determine the amount of a public debt the Collectors decision about the 
amount of the debt shall be final. 
Effect of 
finding of 
Special Judge 
18. Subject to the right of appeal or revision conferred in 
Chapter VI, the effect of decree of the Special Judge under sub -section 
(7) of section 14 shall be to extinguish the previously existing rights, if 
any, of the claimant, together with all rights, if any, of mortgage or lien 
by which the same are secured and, where any decree is given by the 
Special Judge to substitute for those rights a right to recover the 
amount of the decree in the manner and to the extent hereinafter 
prescribed :  
 
4[Provided that secured debts which, in accord ance with the 
provisions of section 8 of the U. P. Zamindar‘s Debt Reduction Act, 
1952, are not legally recoverable otherwise than out of the 
compensation and rehabilitation grant payable to the landlord shall be 
recoverable from the compensation and rehabilitation grant aforesaid as 
though the security had not been extinguished.] 
——————————————————————————————————————————  
1.   Rep. by the U. P. Tenancy Act, 1939 + (U. P. Act XVII of 1939) except in respect of the areas to which it 
does not apply.  
2. See. Now the U. P. Tenancy Act, 1939 (U. P. Act XVII of 1939). 
3. Add. by  s. 10 of  U. P. Act XIII of 1954. 
4.  Add. by  s. 11 of  U. P. Act XIII of 1954. 

  [The United Provinces Encumbered Estates Act, 1934] 
17 
19. (1) The Special Judge shall send the decrees granted under 
sub-section (7) of section 14 to the Collector for execution in 
accordance with the provisions of the next chapter.  The Special Judge 
shall also inform the Collector of the order in which he has ranked the 
debts for priority.   
Transmission 
of decrees to 
Collector.  
1[(2) The Special Judge shall inform the Collector — 
(a) of the amount of the secured debt which is not  legally 
recoverable otherwise than out of the compensation and rehabilitation 
grant payable to the landlord in respect of the mortgage estate ; and 
 
(b) of the nature and extent of the property mentioned in the 
notice under section 11 which he has found to be liable to attachment 
or sale in satisfaction of the debts of the application.]1 
 
2[19-A. Where a decree has been passed by the Special Judge 
before the commencement of the U. P. Encumbered Estates 
(Amendment) Act, 1954, and the decree not having bee n already fully 
satisfied is in respect of a secured debt to which he U. P. Zamindar‘s 
Debt Reduction Act, 1952, applies the Special Judge shall, upon 
reduction of the amount of the debt in accordance with the provisions 
of the said Act — 
Amendment of 
decrees 
transmitted to 
the Collector 
(a) inform the Collector of the reduction so made ; and  
(b) certify the amount, if any, of the decree aforesaid which is 
not legally recoverable otherwise than out of the compensation and 
rehabilitation grant payable to the landlord in respect of the mortgaged 
estate ; 
 
and the decree transmitted to the Collector under section 19 
shall be deemed to have been amended 

Excerpt shown. Open the full act in Lexace.

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