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1. This is an appeal from an order passed by the learned Civil Judge of Agra setting aside a sale held in an execution proceeding. It arises out of the following circumstances. The appellant Bulaqi Dass held a decree for ejectment, arrears of rent and costs against the respondent, Gulab Chand, and in execution of that decree he put to sale an oil press belonging to the respondent and purchased it himself. This sale took place on 8th April 1936. On that very date, but after the sale had been hold, the respondent made an application to the execution Court in which he alleged that he had made an application under Section 4, Encumbered Estates Act, which had been admitted by the Collector and upon which an order under Section 6 had been passed a rider that Act, and upon this allegation he claimed that in view of Section 7, Encumbered Estates Act, the order issued by the Court for sale of the property in question and the Kale carried out in pursuance of that order had become null and void. It is not denied that some time in February 1936 an order cinder Section 6, Encumbered Estates Act, had been passed by the Collector upon an application made by the respondent. The learned Civil Judge allowed the respondent's contention to prevail and consequently set aside the sale on 14th Aprils 1936. Hence the present appeal.