Section 109 in The M.P. Municipal Corporation Act, 1956
109. Renewal of debenture.
- A person claiming to he entitled to a debenture issued under this Act may, on applying to the Commissioner and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the Commissioner, obtain a renewed debenture payable to the person applying.(2)Where there is a dispute as to the title to a debenture issued under this Act in respect of which an application for renewal has been made, the Commissioner may-(a)where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him he entitled to such debenture, issue a renewed debenture in favour of such party;(b)refuse to renew the debenture until such a decision has been obtained; or(c)alter such inquiry as is hereinafter provided am on consideration of the result thereof, declare by order in waiting 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-section (1), unless, within that period he has received notice that proceedings have been instituted by any person in a Court of competent jurisdiction tor the purpose of establishing a title to such debenture.Explanation. - For the purposes of this sub-section the expression "final decision" means a decision which is not appealable or a decision which is appealable but against 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-section (2), the Commissioner may himself record, or may request any magistrate of the first class or record or to have recorded, the whole or any part of such evidence as the parties may produce. The Magistrate to whom such request has been made may himself record the evidence or may direct any Magistrate subordinate to him to record the evidence and shall forward the record of such evidence to the Commissioner.(4)The Commissioner or any Magistrate acting under this section may, if he thinks fit, record evidence on oath.
