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Section 9-A: Appointment of receiver for land.

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

[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 period 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 of a receiver under section 9-B, appoint a receiver of the whole of the landlords 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 maintenance will in future be satisfied without fail, 1or 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) [ * * * *]

Where this provision sits

ActThe United Provinces Encumbered Estates Act, 1934
Section9-A
Marginal noteAppointment of receiver for land.
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.

  • omitted. Omit. by s. 4 (2) ibid.
  • other, U. P. Act IX of 1939. Add.bys. 5 of U. P. Act IX of 1939.

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