Ram's case (supra) and it has been specifically held that
"Mohatmim has no power to alienate debutter property except in
case of need or for benefit of the estate."
13. Similar issue came up for consideration before
another Coordinate Bench of this Court (Justice Sandeep Sharma,
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J.) in Smt. Urmil Gupta vs. Commissioner, AIR 2017 HP 183,
wherein the ratio of the judgment is in tune with that of Dhani
.
17. Hon'ble Apex Court in case titled as Sridhar Suar and
another vs. Shri Jagan Nath Temple and others, AIR 1976
SC 1860, which has also been taken note of by the
learned first appellate Court, has categorically held that it
is beyond the powers of a manager to grant a permanent
lease at a fixed rent I the absence of unavoidable
necessity; for, to fix the rent, though adequate at the time
in perpetuity, in lieu of giving the endowment the benefit
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of an augmentation of a variable rent from time-to-time
would be a breach of duty on the part of the manager. It
.