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Mahabir Gope And Others vs Harbans Narain Singh And Others on 14 April, 1952

In support of its view, the Allahabad High Court relied on the decision of the Supreme Court in Mahahir Gope's case (supra). The Supreme Court, in that case, however, was not .at all concerned with the application of this exception. The only exception recognised by the Supreme Court in that case was where some rights were conferred or created on tenants by same statute enacted in the meantime. Moreover, one single decision is not sufficient to give the principle contained in that decision the force of law. It cannot be said that this decision has been acquiesced in for long. The remark by the Supreme Court, with respect, is not a. full exposition of the law on the question. The question about the applicability of the exception was left open as is clear from the observations in para 9. There is another difficulty. We find it very difficult to law down the criteria to deduct rare cases of urban property where the courts could extend this exception.
Supreme Court of India Cites 6 - Cited by 81 - N C Aiyar - Full Document
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