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Allahabad Court November 1967 Judgments

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Nov 06 1967

Smt. Chandravati Vs. Shivaji Maharaj and ors.

Court: Allahabad

Decided on: Nov-06-1967

Reported in: AIR1969All72

S.N. Singh, J. 1. The short point involved in this appeal is as to whether Section 10 of the Limitation Act applies to the facts of the present case. 2. One Sri Mangali Prasad was the owner of the house in dispute. He executed a will in favour of his wife Smt. Gomti on 29th June 1936, Through this will be conferred absolute right on Snit. Gomti in respect of his entire property. After the death of Sri Mangali Prasad Smt. Gomti dedicated the entire property left by her husband including the house in dispute in favour of Sri Shivaji Maharaj, Virajman Mandir Shivala, Ahata Deviji, by waqf deed dated 2nd of August 1946. She appointed herself to be the Mutwalli of the deity and further the waqf deed stipulated that after the death of Smt. Gomti the management of the temple would be done by L. Ram Swarup and other trustees. After the dedication by Smt. Gomti in favour of the deity a suit was instituted by one Dwarka Prasad for the cancellation of the waqf deed claiming title to the property ...


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