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Section 7: Consequence of acceptance of an application by the Collector

The United Provinces Encumbered Estates Act, 1934State Act of Uttar Pradesh · Act 25 of 1934

7. [ (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 [ 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 [ 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 shall 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 [ 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 [ Uttar Pradesh] in respect of any debts incurred before the passing of the said order [ but if for any reason whatsoever such a suit or proceeding has been instituted, it shall be deemed to be a proceeding pending at the date of the said order within the meaning of clause (a)]

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 section 8 or proceedings under this Act are quashed under section 20 or until the Collector has liquidated the debt [ 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 [ or until the passing of the order by the Special Judge, referred to in sub-section (2) of section 44] 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 landlords proprietary 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.

Where this provision sits

ActThe United Provinces Encumbered Estates Act, 1934
Section7
Marginal noteConsequence of acceptance of an application by the Collector
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • added. Added by s. 4 of U.P. Act no.XI of 1939.
  • substituted, U.P. Act IV of 1935. 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.
  • inserted, U.P. Act XI of 1939. Ins. by the sec. 3 of U.P. Act XI of 1939. 9 Add. by s. 4., ibid.

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