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Mitranath & Others v. Babu Lal - SECOND APPEAL No. 794 of 2006 [2006] RD-AH 16700 (22 September 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Umeshwar Pandey, J.

Heard Sri N.C. Tripathi, learned counsel for the appellants and Sri Hari Om Krishna Srivastava, learned counsel for the respondent.

The appeal is admitted.

The following substantial questions of law are formulated for decision:-

1. Whether the lease deed dated 4.6.1988 with regard to the suit property, as set up by the plaintiff respondent, would convey any right or title in his favour in the face of non compliance to the provisions of Section 7 of U.P. Hindu Public Religious Institutions (Prevention of Dissipation of Properties) Act, 1962 {U.P. Act No. XXII of 1962}?

2. Whether the provisions of the aforesaid Act stood repealed with retrospective effect on coming into force of the (Repeal) Act No. 31 of 2000?

No other substantial question of law arises for decision in the present appeal.

The parties are hereby directed to maintain status quo as on today over the property in suit.

The appeal be listed for final hearing as and when its turn comes. Meanwhile, the office is directed to requisition the original record from the court below.




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