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State of Uttar Pradesh - Section

Section 15 in The U.P. Avas Evam Vikas Parishad (Raising of Loans) Rules 1972

15. Renewal of debentures.

(1)A person claiming to be entitled to a debenture issued under the Act, may on making application to the Housing Commissioner and on satisfying him of the justice of his claim and delivering the Debenture receipted in such manner and after paying such fee as may be determined by the Board from time to time obtain a renewed debenture payable to the person making the application.
(2)Where there is a dispute as to the title to a debenture in respect of which an application of renewal has been made, the Housing Commissioner may -
(a)where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party;
(b)refuse to renew the debenture until such decision has been obtained; or
(c)after such inquiry as is hereinafter provided and on consideration of the result thereof declare by order in writing which of the parties is in his opinion entitled to such debenture and may, after the expiration of three months from the date of such declaration, issue a renewed debenture in favour of such party in accordance with the provisions of sub-rule (1) unless within that period he has received notice that proceedings have been instituted by any person in a Court of competent jurisdiction for the purpose of establishing a title to such debenture.
Explanation. - For the purposes of this sub-rule the expression "final decision" means a decision which is not appealable or a decision which no appeal has been filed within the period of limitation allowed by law.
(3)For the purposes of the inquiry referred to in sub-rule (2) the Housing Commissioner may himself record or may request the District Magistrate to record or to have recorded by any Magistrate subordinate to him the whole or any part of such evidence as the parties may produce. The Magistrate who records the evidence shall forward the record or such evidence to the Housing Commissioner.
(4)The Housing Commissioner or any Magistrate acting under this rule may, if he thinks fit, record evidence on oath.