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 date5 as may be notified in the 6[official Gazette] by the 7[State 

Government] in that behalf. 

—————————————————————————————————————————— 
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] 

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 (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 

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[ *  *  * ] 

 

 
 

—————————————————————————————————————————— 
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] 

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 (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 compensation, 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 application 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 his legal or natural guardian or 

any person actually managing his property : 

 
 

—————————————————————————————————————————— 
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] 

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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 shall 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 the 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 disposal 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 date 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] 

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 1[(5)] If an objection is taken before the Collector or Special Judge 
that the application is defective and such an objection is upheld, the 
Collector or Special Judge, as the case may be, shall at the request 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 succession 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 other 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 according 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 Special 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 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 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 respect of any debts 

incurred before the passing of the said order 9 [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)] 

—————————————————————————————————————————— 
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] 

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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 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 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.  

 

CHAPTER-IV 

PROOF OF DEBTS AND PROCEDURE OF SPECIAL JUDGE 

 

83. (1) When the Special Judge has received an application under 
section 6, he shall call 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.  

 

—————————————————————————————————————————— 
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) of 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 period 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 under 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 such6 [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 the 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 clause (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 

 

—————————————————————————————————————————— 
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 

 (4) If one or more members of a joint Hindu family apply 
under the second proviso of sub-section (1) of section 4 then the 
Special Judge shall 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. 

Apportionment 
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 Special 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 such 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 amount 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 the 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 the 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 members 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 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 

 

—————————————————————————————————————————— 
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 maintenance 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 powers 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 Collector 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 being 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 proper 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 section 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 particulars 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 delivered 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 notice 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 shall 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 cause 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 chapter 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 annulled 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 writing, 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 Judge 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 amount 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, 19261, 

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 accordance 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 been 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 accordingly.] 

 

20. The applicant may at any time within a period of one 
month from the day on which the Special Judge decides any claim 
under section 11 apply that the proceedings under this Act be quashed 
and the Special Judge shall quash such proceedings and pass such 
order as to the costs of the proceedings before him as he thinks proper, 
provided that the order of quashing proceedings shall not take effect 
unless the landlord within one month of such order pays into court the 
amount of any costs ordered by the Special Judge under this section.  

Quashing of 
proceedings  

20-A. 3[(1) Notwithstanding anything in this Act or any order 

passed in any proceedings under this Act — 

(i) any application which was dismissed solely on one of the 
grounds mentioned in sub-section (6) of section 4 shall be restored and 
any application which was dismissed solely on the ground of some 
defect shall be amended in accordance with the provisions of sub-
section (5) of section 4 ;  

 

 

—————————————————————————————————————————— 
1. Add by s. 12 of U.P. Act XIII of 1954. 
2. Add. by  s. 13,  ibid. 
3 Add by s. 22 of U.P. Act XI of 1939. 



[The United Provinces Encumbered Estates Act, 1934] 

18 

 (ii) any proceedings in review to which the provisions of clause 
(a) or clause (b) or sub-section (1) of section 7 apply and which was 
stayed or dismissed shall be restored ;  

 (iii) any suit or proceeding to which the provisions of clause (b) 
of sub-section (1) of section 7 apply and which was dismissed shall be 
deemed to have been stayed under the provisions of clause (a) of that 
sub-section ; 

 (iv) if in the determination of any claim under the provisions of 
section 14 any interest has not been treated as principal solely on the  

 

 
ground that it was converted into principal on December 31, 1916, or 

on the ground that it was converted into principal on or before 

December 31, 1916, in accordance with an express term in the original 

contract the amount due under such claim shall be re-determined in 

accordance with the provisions of this Act ; 

 
(v) any order passed otherwise than in accordance with the 

proviso to sub-section (7) of section 14 shall be cancelled.  

 
(2) Notwithstanding anything in sub-section (1) no amount shall 

be re-determined under the provisions of clause (iv) of that sub-section 

and no order shall be cancelled under the provisions of clause (v) 
thereof if the decrees have been sent to the Collector under the 

provisions of section 19 except on an application made to the Special 

Judge before the thirtieth day of November, 1939.]1 

 
CHAPTER  V 

EXECUTION OF DECREE AND LIQUIDATION OF DEBTS 

Determination 
of amount of 
public debts 
not reported 
by Collector 

21.  The Collector shall after hearing any objection preferred by 

the applicant, determine the amount of any public debt which has not 

been reported under section 6 and which in accordance with rules 

framed by the [State Government]2 in this behalf is to be liquidated 

under this chapter.  

Period for 
payment of 
debts 

22.  The Collector shall allow the debtor a period of two months 

within which he may pay into court, the whole or any part of the 

amount due from him. 

Liquidation of 
debts by 
means of 
money paid 
by debtor 

23.  (1) If on the expiry of the said period the debtor shall have 

paid into court the full amount due from him the Collector shall 

discharge all his debts.  

 (2) If on the expiry of the said period the debtor shall not have 

paid into court the full amount due from him the Collector shall expend 

the amount, if any, paid in discharging the debts in order of priority and 

shall proceed to liquidate the amount still remaining due in accordance 

with provisions of the following sections. 

 
—————————————————————————————————————————— 
1 Add. by  s. 22  of  U. P. Act XI of 1939. 

2 Subs. by the A. O. 1950 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.). 



  [The United Provinces Encumbered Estates Act, 1934] 

19 

1[23-A.  The Collector shall require the Compensation Officer 

and Rehabilitation Grants Officer as may be necessary to place at his 

disposal in pursuance section 70 of the U. P. Zamindari Abolition Land 

Reforms Act, 1950, the amount of compensation money and 

rehabilitation grant payable to the landlord in respect of his 

proprietary rights in land reported to be liable to attachment or sale 

under the provisions of sub-section (2) of section 19.  

Compensation 
and 
rehabilitation 
grant to be 
placed at the 
disposal of 
Collector 

23-B.  (1) Without prejudice to the provisions of section 8 of the 

U. P. Zamindars’ Debt Reduction Act, 1952, the amount or the bonds 

on account of compensation or rehabilitation grant received by the 

Collector in pursuance of the requisition under section 23-A shall be 

expended or utilized by the Collector in liquidation of the amount of 

the secured debt which having regard to the provisions of the U. P. 

Zamindars’ Debt Reduction Act, 1952, was secured on the proprietary 

rights in land in respect of which such money has been received.  

Liquidation of 
secured debt 
recoverable 
from 
compensation 
and 
rehabilitation 
grant.  

(2) If any balance out of the compensation or rehabilitation 

grant received by the Collector in pursuance of the requisition under 

section 23-A remains in the lands of the Collector after utilizing the 

same in accordance with the provisions of sub-section (1), such 

balance shall be utilized by the Collector in discharging the debts, 

other than the debts, referred to in the said sub-section in order of 

priority.]1 

 

224.  [ (1) The Collector shall then realize the value of such of 

the debtor’s property, other than proprietary right in land, but 

including proprietary rights in land in the areas which on the 7th day 

of July, 1949 were included in a Municipality or a Notified Area under 

the provisions of the U. P. Municipalities Act, 1916 or a Cantonment 

under the provision of the Cantonment Act, Act, 1924, or a Town Area 

under the provisions of U. P. Town Areas Act, 1914, as shall have been 

reported by the Special Judge under the provisions of sub-section (2) 

of section 19 to be liable to attachment or sale :  

Realization of 
value of debt or 
property and 
application of 
proceeds for 
liquidation of 
debts. 

Provided that the Collector before passing orders under this 

section of the sale of any property shall hear any objection which the 

debtor may have to make to the sale of that property : 

 

Provided also that, notwithstanding anything in any other 

section of this Act, the Collector may if he considers fit, sell, along with 

any building disposed of under this section, the proprietary rights of 

the applicant in a land occupied by such building or appurtenant thereto. 

 

Provided further that the Collector shall leave the debtor at 

least one residential house and necessary furniture thereof if — 

(a) the debtor owns such house and furniture and desires to 

retain it, and  

 

—————————————————————————————————————————— 
1.  Add by s. 14 of U.P. Act XIII of 1954. 
2. Subs. by s. 5 of U.P. Act IV of 1935. 



[The United Provinces Encumbered Estates Act, 1934] 

20 

 
(b) such house and furniture is free from any mortgage or 

charge.]1 

(2) The amount so realized shall be expended by the Collector in 
discharging the debts in order of priority. 

 
(3) For the purpose of execution against property outside 2[Uttar 

Pradesh] the decrees passed by the Special Judge shall be deemed to be 
decrees in favour of the Collector.  

 
(4) For realizing the value of the debtor’s property under this 

section the Collector may exercise all the powers of a civil court for the 
execution of a decree. 

 25.3[  *  *  *  ] 

26. 3[  *  *  *  ] 

27. 3[  *  *  *  ] 

28. 3[  *  *  *  ] 

Method of 
payment of 
installment 
and recovery 
of arrears. 

29.  (1) The installments ordered under section 27 or section 28 

shall be paid by the debtor to the 4[State Government] along with his 

land revenue and cesses and any such instalment not paid on due 

date shall be recoverable as an arrear of land revenue. 

 (2) If the full amount of any two consecutive installments has 
not been paid within six months of the date on which the second of 
such instalment fell due, the whole amount remaining due from the 
debtor may, subject to rules framed by 4[State Government] the be 
recovered as an arrear of land revenue.  

 (3) Notwithstanding anything in the United Provinces Court of 
Wards Act, 1912, the Court of Wards shall at the request of the 4[State 
Government]assume charge of the estate of any debtor who has been 
ordered to pay instalments under section 27 or section 28 and who 
has not paid two consecutive instalments within six months of the date 
on which the second of such installments fell due.  

 30. 5[  *  *  *  ] 

31. 5[  *  *  *  ] 

32. 5[  *  *  *  ] 

 33. 5[  *  *  *  ] 

34. 5[  *  *  *  ] 

Person 
entitled to 
possession of 
property to be 
put in 
possession.  

35.  If at any time after the decrees granted by the Special Judge 
have been sent to the Collector under the provisions of section 19 any 
person entitled to possession of any property under the provisions of this 
Act applies to the Collector to be put in possession of such property the 
Collector shall deliver possession of such property to him.  

—————————————————————————————————————————— 
1. Subs. by  s. 15  of  U. P. Act XIII of 1954. 
2.  Subs. by the A.O. 1950 for the United Province. 

3. Omit. by  s. 16  of  U. P. Act XIII of 1954. 

4. Subs. by the A. O. 1950 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.). 

5. Omit. by s. 16 of U.P. Act XIII of 1954. 



  [The United Provinces Encumbered Estates Act, 1934] 

21 

36. 1[  *  *  *  ] 

37. 1[  *  *  *  ] 

38. 1[  *  *  *  ] 

39. 1[  *  *  *  ] 

40. 1[  *  *  *  ] 

41. 1[  *  *  *  ] 

42. 1[  *  *  *  ] 

43. 2 [When an application has been dismissed under  

sub-section (3) of section 8] , (or) when an order has been passed 

under section 20 quashing further proceedings under the Act, the 

following consequences shall ensue, namely — 

(a) the whole of the proceedings under this Act shall be  

set-aside ; 

Consequences 
of quashing 
proceedings 
under section 
20. 

(b) notwithstanding anything contained in section 18 all rights 

and remedies and proceedings stayed 3 [and all attachments of 

properties mentioned in statements filed under section 8, which had 

become null and void] under sub-section (1) of 4[section 7] shall revive 

to the creditors as if no action had been taken under this Act ; and 

 

(c) in computing the period of limitation prescribed for any suit 

or other proceeding for the recovery of debts in respect of which a 

written statement has been filed under section 10 the period from the 

date of the 5[order of the Collector under section 6] to the date of order 

of the Special Judge quashing further proceedings under the Act shall 

be excluded ; 

 

(d) in computing the period of limitation prescribed for any suit 

or proceedings in respect of a claim which has been stated before the 

Special Judge under section 11 the period from the date of the 

publication of the notice under sub-section (1) of that section to the 

date of the order of the Special Judge quashing proceedings under this 

Act shall be excluded.  

 

6[ 44.  (1) In each of the following cases, namely — 

7 [(a) when the debt has been liquidated under section 23, 

section 23-B or section 24].  

 

(b)8[  *  *  *  *  ]  

—————————————————————————————————————————— 
1. Omit. by s. 16 of U.P. Act XIII 1954 
2. Add. by  s. 7 (1) of  U. P. Act IV of 1935. 

3. Ins. by  s. 17  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 “for publication of notice under sub.s. (1) of s. 8”  by s. 7 (2) of U. P. Act IV of 1935.  

6. Subs. by  s. 18  of  U. P. Act XI of 1939. 

7. Subs. by  s. 17 (1)  of  U. P. Act XIII of 1954. 

8. Omit. by  s. 17 (2)  U.P. Act XIII, 1954.ibid. 



[The United Provinces Encumbered Estates Act, 1934] 

22 

 (c)1[  *  *  *  *  ] 

 2[(d) when the decree or decrees received by the Collector under 
sub-section (1) of section 19 have been satisfied in full by a 
compromise out of Court, and the public debt, if any, determined by 
the Collector under section 21 has been completely liquidated.] 

 (2) When an application is dismissed or when proceedings 
under the Act have been quashed, the landlord shall cease to be 
subject to the disabilities mentioned in sub-section (3) of section 7 
from the date of the order of the Special Judge dismissing the 
application, or quashing the proceedings. 

 (3) Notwithstanding anything contained in the Limitation Act, or 
in any other law for the time being in force in computing the period of 
limitations prescribed for any application for execution of any decree 
stayed under sub-section (2) and (3) of section 7 the period from the 
date of decree referred to in those sub-sections up to the date of the 
declaration under sub-section (1) of this section or the order of the 
Special Judge referred to in sub-section (2), shall be excluded.  

  

CHAPTER  VI 

APPEAL AND REVISION 

Appeals 45.  (1) An appeal against any 3[* * * *] decree or order 4[finally 
disposing of the case] of a Special Judge of the first grade under this Act 
shall lie to the High Court 5[* * * *] The period of limitation for appeal 
under this sub-section shall be ninety days. 

 (2) An appeal against any 6 [* * *] decree or order [finally 
disposing of the case] of a Special Judge of the School grade under this 
Act shall lie to the District Judge. The period of limitation for appeals 
under this sub-section shall be thirty days. 

 7[(2-a) An appeal shall lie to the High Court 3[* * *] from an 
appellate order or decree of a District Judge passed under sub-section 
(2) on one or more of the grounds mentioned in section 100 of the Code 
of Civil Procedure, 1908. The period of limitation for appeals under this 
sub-section shall be ninety days.] 

 8 [(3) [An appeal against any decision, decree or order of a 
Collector or Settlement Officer under this Act shall lie to the 
Commissioner, provided that an appeal filed before the commencement 
of the United Provinces Encumbered  Estate  (Amendment) Act, 1943 

—————————————————————————————————————————— 
1.  Ibid. 
2. Add. by  s. 2  of  U. P. Act IV of 1946. 
3.  The word  “decision” omit by s. 19 of U. P. Act XI of 1939. 

4. Ins. by  s. 19  of  ibid. 

5.  The words  (or Chief Court, as the case may be) omit.by  the A. O. 1950. 

6. Omit.by  s. 19  of  U. P. Act XI of 1939. 

7. Add. by  s. 19  of  U. P. Act XI of 1939. 

8. Subs. by 2(1) of U.P. Act X of 1943. 



  [The United Provinces Encumbered Estates Act, 1934] 

23 

shall lie to the Board of Revenue.]1 The period of limitation for appeals 
under this sub-section shall be sixty days.    

 

2 [(3-A) The Board of Revenue may transfer for decision any 
appeal pending before itself to a Commissioner and may by order 
recall any appeal to transferred. The Board of Revenue may transfer 
any appeal pending before a Commissioner to another Commissioner.] 

 

(4) The provisions of sections 5 and 12 of the Indian Limitation 
Act, 1908, shall apply to appeals under this Act.  

 

(5) 3[Subject to the provisions of sub-section (2-a)] the decision  
on  an  appeal  under  this  section shall be  final  3[and  in  deciding  
the appeal the appellate court may modify or alter or reverse any 
decree or order of the Special Judge, if in the opinion of the appellate 
court it be necessary to do so in the interest of justice and equity.]3 

 

46.4[(1) Any court empowered under sub-sections (1), (2) and 
(2-a) of section 45 to hear an appeal under this Act may of its own 
motion, or on the application of any person concerned, call for the 
record of proceedings in any case under this Act pending in a court 
from which appeals lie to such court and after giving due notice to the 
parties concerned pass such order thereon consistent with the 
provisions herein contained as it thinks fit, and such order shall be final. 

Power to call 
for proceedings 
and pass orders 
thereon. 

(2) The Board of Revenue may, on an application filed by any 
person concerned on any of the grounds mentioned in sub-section (1) 
of section 100 of the Civil Procedure Code, 1908, or at any time on its 
own motion for any sufficient reason, call for the record of proceedings 
of any case under this Act which is pending in the court of, or has 
been decided by, a Collector, a Settlement Officer or a Commissioner 
and after giving notice to the parties concerned pass such order 
thereon consistent with the provisions herein contained as it thinks 
fit, and such order shall be final.]4 

 

5[46-A.  The District Judge may of his own motion or on the 
application of any person concerned transfer any case pending before 
a Special Judge of the second grade to the court of a Special  Judge of 
the first grade for any valid and sufficient reason and shall direct that 
the latter shall proceed with the case  from the stage at which it was 
transferred.]  

 

47.  Except as provided in sections 45 and 46, no proceedings 
of the Collector or Special Judge under this Act shall be questioned in 
any court.  

Proceedings not 
to be 
questioned 

 
 
 

—————————————————————————————————————————— 
1. Subs. for “An appeal against any decision, decree or order of a Collector or Settlement Officer under this 

Act shall be to the Board of Revenue”, by s. 2 (1) of U. P. Act X of 1943. 
2. Ins. by  s.  2 (2)  ofibid. 
3. Add. by  s. 19, U.P. Act No. XI of 1959. 
4.  Subs. by s. 3 of U.P. Act X of 1943. 
5. Add by s. 20of  U. P. Act XI of 1939. 



[The United Provinces Encumbered Estates Act, 1934] 

24 

 CHAPTER-VII 

MISCELLANEOUS 

Insolvency 
proceedings. 

48. From the date of the application under section 4 up to the 
date when the Collector has liquidated the debts in full under 
section1[Section 23-B or section 24] 

(a) no creditor shall be entitled to present an insolvency petition 
against the landlord ; and 

 (b)the landlord may present a petition that he be adjudged to be 
insolvent and, if he does so, no further proceedings shall be taken 
under this Act, while the insolvency proceedings are pending.  

(2)  2[* * * *] 
Limited 
application of 
the Act in 
case of 
inherited 
debts 

49. (1) If the debts of a landlord are the debts due from his 
deceased ancestor which are legally recoverable only from certain 
property in the possession of the landlord, only such property and no 
other property belonging to the landlord shall be dealt with under the 
provisions of this Act; and all references to the property of the landlord 
in the various sections of this Act shall be deemed to be references only 
to such property and to no other.  

Procedure 
when 
application in 
respect of 
inherited debt 
found to be 
subject to 
personal debt 

(2) If in the course of inquiry it is proved that a landlord who has 
applied for the application of this Act only in respect of debts due from 
his deceased ancestor has appropriated any property received from 
such ancestor or that he owns also other debts which are recoverable 
from him personally and in respect of which claims have been preferred 
under 3[section 9] the Special Judge shall give him the option of either 
withdrawing his application or paying the personal debts and value of 
any property appropriated by him as aforesaid or having the whole of 
his property dealt with under this Act. In case he withdraws his 
application all proceedings under this Act shall be quashed. If he elects 
to pay his personal debts and the valueof any property appropriated by 
him the special Judge shall give him such time for doing so as he shall 
think necessary and on the landlord paying the same shall proceed with 
the case. If the landlord fails to pay the same within the time allowed by 
the Special Judge his application shall be dismissed. If the landlord 
elects to have the whole of his property dealt with under this Act, the 
Special Judge shall require him to give particulars of all such property 
and after giving the claimants another opportunity of giving further 
particulars of property as required by section 10 shall take fresh 
proceedings under section 11 in respect of such property,. If the 
landlord refuses or neglects to exercise any of the options provided in 
this sub-section the Special Judge shall dismiss his application :  

 4[Provided that the amounts decreed by the Special Judge in 

respect of the debts due from the deceased ancestor of the applicant  

—————————————————————————————————————————— 
1. Subs. by s. 18 of U.P. Act XIII of 1954. 
2. Omit. by  s. 18 (2) of  U. P. Act XIII of 1954. 
3. Subs. by s. 5 of U.P. Act IV of 1935. 
4. Add. By s. 21 of U.P. Act XI of 1939. 



  [The United Provinces Encumbered Estates Act, 1934] 

25 

shall not without the consent of the applicant be recoverable in 

liquidation proceedings under this Act from any property other than 

that from which it might have been legally recovered had no 

application been made under this Act.]1 

 

(3) In all cases in which proceedings are quashed or the 

application is dismissed under this section the Special Judge may 

make such order as to costs as he thinks proper.  

 

50.  If a landlord with regard to whom a notice has been 

published under 2[section 9] dies before a declaration has been made 

in respect of him under section 44, — 

Death of 
proprietor 
before 
liquidation 

(a) the proceedings under this Act shall be continued as nearly 

as may be possible in all respects as if the landlord were still living ; 

and  

 

(b) any person succeeding to the whole or any portion of the 

landlord’s property shall become subject in respect of that property to 

the disabilities imposed by sub-section (2) of 3 [section 7] and shall 

continue so subject until a declaration has been made in respect of 

him under section 44. 

 

51.  Every investigation conducted by the Special Judge with 
reference to any claim made to him under this Act, or to any matter 
connected with any such claim, shall be deemed to be a judicial 
proceeding within the meaning of the Indian Penal Code, 1860; and 
the Special Judge shall be deemed to be a public servant within the 
meaning of that Code. 

Investigation to 
be deemed a 
judicial 
proceeding. 
Special Judge 
to be deemed a 
public servant 
within the 
meaning of the 
Indian Penal 
Code 

52.  For the purposes of compelling the attendance of 
witnesses and the production of documents, and of awarding costs, 
the Special Judge shall have the powers conferred on a civil court by 
the Code of Civil Procedure, 1908.  

Power to 
summon 
witnesses, 
compel 
production of 
documents, 
and award 
costs  

53.  No suit or other proceedings shall be maintained against 
any public servant in respect of anything done by him in good faith 
pursuant this Act. 

Bar of suits 

54.  (1) The 4[State Government] may make rules5 consistent 
with the provisions of this Act for regulating the procedure of the  

Power of State 
Government to 
make rules. 

—————————————————————————————————————————— 
1. Add. by  s. 21  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 “s. 9” by s. 5 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   For rules, see notes. — 
 no. 618-Rev., d. Aug. 10, 1935. 
 no. 687-Rev., d. Aug. 23, 1935. 
    no. 2683/I, d. Dec. 09, 1935. 
     no. 52-Rev., d. May. 19, 1936. 
 



[The United Provinces Encumbered Estates Act, 1934] 

26 

 
Collector, to the Special Judge and the Settlement Officer in 
proceedings under this Act and generally for carrying out the purposes 
of this Act, may fix the legal fees chargeable under this Act and may 
confer the powers of the Collector under this Act on any Assistant 
Collector of the first class.   

 
(2) Before making the rules under this section the [State 

Government]1 shall publish a draft of the same in the 1[official Gazette] 
and shall concurrently cause a copy of the said draft to be sent to every 
member of the 2[Houses of the State Legislature]. 

 
(3)In making the rules finally the 3 [State Government] shall 

consider the opinions received by them as well as any opinion 
expressed by 4[either House of the State Legislature]. 

 
55.5[ *  *  *  * ] 

                                                                                                                                                                            
 
no. 139-Rev/1, d. July. 4, 1936. 

no. 277-Rev, d. Sep. 16, 1936. 

no. 2580(1)/1, d. Dec. 4, 1936. 

no. 2275-J, d. Mar. 25, 1937. 
no. 449(3)/I—39, d. May. 22, 1939 and 

no. 539/I—1935,  d. May. 13, 1940. 

In Gaz. 1935, Pt. VIII, p. 263, ibid 1935, Pt. VIII, p. 406, ibid 1935, Pt. I, p. 1657, ibid 1936, Pt. VIII. P. 124, 
ibid 1936, Pt. I. p. 796, ibid 1936, Pt. VIII, p. 234, ibid 1936, Pt. I. p. 1389, ibid. 1937, Pt. VIII p. 98, ibid 
1939, Pt. I-A, p. 135 and ibid, 1940, Pt. I—A, pp 281—283. 

no. 22/I—41,  d. Oct. 10, 1941, in Gaz. 1941, Pt. IA, p. 311—313. 

no. 233-RC/I—680—40,  d. July. 4, 1941, in Gaz. 1941, Pt. IA, p. 217—219. 

no. 89/I-41, d. Nov. 18, 1941, in Gaz. 1941, Pt. IA, p. 352—355. 

no. 160-RC/I-44, d. June 24, 1941, in Gaz. 1941, Pt. IA, p. 189.  

no. 45-RC/I, d. June 4, 1941, in Gaz. 1941, Pt. IA, pp. 167—168. 

no. 2757(ii)/I-141-30, d. Dec. 20, 1941, in Gaz. 1941, Pt. IA, p. 591. 

no. 2757(iii)/I-141-30, d. Dec. 20, 1941, in Gaz. 1941, Pt. IA, p. 591. 

no. 40/I-651-41, d. Jan. 29, 1942, in Gaz. 1942, Pt IA, p. 33. 

no. 2581/I—89-41.d. Mar. 2, 1942, in Gaz. 1942, Pt. IA, p. 75. 
no. 2079/I-216-42, d. Aug,. 20, 1942, in Gaz. 1942, Pt. IA, p. 45A. 
no. 2931/I-216-42, d. Sep. 28, 1942, in Gaz. 1942, Pt. IA, p. 331-32. 
no. 2754/I-651-41, d. Sep. 30, 1942, in Gaz. 1942, Pt. IA, p. 333. 
no. 2224/I-336-41, d. Oct. 28, 1942, in Gaz. 1942, Pt. IA, p. 377. 
no. 1129/I-362-41, d. Nov. 23, 1942, in Gaz. 1942, Pt. IA, p. 559. 
no. 2173/I-216-42, d. Nov. 27, 1943, in Gaz. 1943, Pt. IA, p. 56-A. 
no. 2480/I-112-43, d. Nov. 24, 1943, in Gaz. 1943, Pt. I, p. 385. 
no. 2554/I-548-41, d. Sep. 11, 1943, in Gaz. 1943, Pt. IA, p. 43-A. 
no. 1649/1-69-42, d. Oct. 26, 1943, in Gaz. 1943, Pt. IA, p. 49-A. 
no. 3311/I-286-41, d. Jan. 18, 1944, in Gaz. 1944, Pt. IA, p. 4-A. 
no. 7/I-265-41, d. Mar. 29, 1944, in Gaz. 1944, Pt. IA, p. 16-A. 
no. 639/I-563-42, d. Apl. 12, 1944, in Gaz. 1944, IA, p. 18-A. 
no. 3344(1)/I—651-41, d. April. 12, 1944, in Gaz. 1944, IA, p. 88. 
no. 3385/I—216-42, d. April. 12, 1944, in Gaz. 1944, Pt. IA, p. 88:-89. 
no. 1824/I-216-42, d. July. 26, 1944, in Gaz. 1944, Pt. IA, p. 39-A. 
no. 3215/I-241-44, d. Dec. 8, 1944, in Gaz. 1944, Pt. IA, p. 63-A369. 

1 Subs. by A. O. 1950. 
2 Subs. by A. O. 1937 for [Gazette]. 
3. Subs. by the A. O. 1950 for [Chamber of the Provincial Legislature] which had been subs. by A.O. 1937 for 

[local L.C.] 

4. Subs. by A. O. 1959 for [Provl.Govt.]which had been subs. by the A.O. 1937 for (L.G.). 

5. Omit. bysec. 19 of U.P. Act No. XIII of 1954. 



  [The United Provinces Encumbered Estates Act, 1934] 

27 

56.1[ *  *  *  * ]  

57.  The Collector may, subject to rules framed by the [State 
Government] transfer any proceedings under this Act which are 
pending in his court to the court of an Assistant Collector of the first 
class empowered under section 54 and may withdraw any proceedings 
so transferred. 

Transfer of 
proceedings by 
Collector 

58.  The Board of Revenue may transfer any proceedings under 
this Act from the Court of one Collector to that of any other Collector. 

Transfer of 
proceedings by 
Board of 
Revenue 

59.  Nothing in this Act shall affect the powers of the Collector 
under the Land Revenue Act, 1901, to collect the land revenue or any 
money recoverable as an arrear of land revenue. 

 
Saving 

2[60. The powers exercisable by the Collector under Chapter V, 
may, if the State Government so directs, be exercised by the Special 
Judge either generally or in any area, as may be specified.] 

“Exercise of 
powers of the 
Collector by 
the Special 
Judge” 

—————————————————————————————————————————— 
1.  Omit. by  s. 19 of  U. P. Act XIII of 1954. 
 
2. Add  by  s. 21 of  U. P. Act XIII of 1954.