JUDGMENT Darling S.M. 1. On the 6th April, 1936, Lala Jit Mal and a minor named Chitranjan Singh under the guardianship of the said Lala Jit Mal presented an application u/s 4 of the Encumbered Estates Act, in the Court of the Sub-Divisional Officer of Kheragarh in the Agra district. On that same day without an enquiry of any kind an order was passed u/s 6 of the Act: for some reason or other it was net forwarded to the Special Judge till three months later on the 6th July. Thereupon one of the creditors, namely the firm of Nandram Chhotelal, presented an objection to the effect that the applicants u/s 4 are not landlords within the meaning of the Act and are not entitled to its protection. On that same day the Collector of Agra passed an order for the recall of the records from the Court of the Special Judge. Against this order the applicants u/s 4 of the Act come to the Board in appeal u/s 45. 2. Though the notice had been duly served by affixation for this day's hearing in Court at Agra the Appellants are absent; nor are they represented. The notice was served on the 18th February, 12 days ago: the service is sufficient. Incidentally the Court arrived at Agra six days ago: it is quite impossible to believe that the Appellants and their lawyers have no information. 3. For the purpose of making the requisite enquiry as to whether the applicants are landlords within the meaning of the Act it was essential for the Collector to send for the record from the Court of the Special Judge. There is nothing illegal in the order of the Collector dated the 9th September, 1936, now under appeal. The appeal is dismissed, not merely in default but on the merits. 4. This Court now proceeds to take up the case in revision u/s 46 of the Act. The applicant u/s 4 in the present case, L. Jit Mal, appears to be the full brother of L. Karori Mal, whose case is the subject of the well known decision in Seth Bidhi Chand v. Lala Karori Mal 1936 AWR 826 (B.R.). 4. This Court now proceeds to take up the case in revision u/s 46 of the Act. The applicant u/s 4 in the present case, L. Jit Mal, appears to be the full brother of L. Karori Mal, whose case is the subject of the well known decision in Seth Bidhi Chand v. Lala Karori Mal 1936 AWR 826 (B.R.). Apparently the application u/s 4 covered by that case was made by one portion of this joint Hindu family, whilst the present application is by other members of the family: the creditors appear to be same in each case. In that case the Board found that the property on the basis of which the applicants claim to be landlord, had been acquired after the 30th April, 1935, when the Act came into force: It was therefore held that L. Karori Mal and his fellow applicants were not entitled to the protection of the Act. In the present case the property quoted belongs to the same tahsil of Kheragarh: presumably in the present case the property is the same; if so, then having been acquired after the 30th 1935, it can confer no protect on under the Act. An extract from the khewat appears to have been attached to the original application u/s 4: for some unexplained reason this extract is no longer present on the record. Nor is there any formal application on the record for the withdrawal of this document therefrom, though the list of papers belonging to the record includes an application, paper No. 12, dated the 11th September, 1936, which is likewise missing along with papers Nos. 13 and 14. The Collector of Agra, will report as to why these papers, including the extract from the khewat (paper No. 6) attached to the original application u/s 4, are room missing. The Collector will also report whether the landed property covered by the extract from the khewat, which appears to have been attached to the original application u/s 4, was acquired after the 3oth April, 1935, when the Encumbered Estates Act came into force. The Collector will also report whether the landed property covered by the extract from the khewat, which appears to have been attached to the original application u/s 4, was acquired after the 3oth April, 1935, when the Encumbered Estates Act came into force. The Collector will keep this enquiry in his own hands: he is requested to pay particular attention to the matter and to report as soon as possible, so that these revisional proceedings may be completed at the next Agra Session of the Court from the 5th to 10th April, inclusive: the record with the Collector's report should be returned to the Court at the Circuit House early in that week: it need not be sent to Allahabad. The Collector is further requested to fix some date in the second half of the week ending on the 10th of April for the appearance of the parties in this Court at the Circuit House, and to note the date in his report: the parties should be directed to appear before this Court on the date so fixed.