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february 1978

Supreme Court of India · 1978-02-09

YESHWANTRAO LAXMANRAO GHATGE & ANR. vs BABURAO BALA YADAV AND ORS.

Citation / case number
SC 1968/60436
Court
Supreme Court of India
Petitioner
YESHWANTRAO LAXMANRAO GHATGE & ANR.
Respondent
BABURAO BALA YADAV AND ORS.
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that Section 52A of the Bombay Public Trusts Act, 1950, which allows recovery of properties of a Public Trust without limitation, does not revive extinguished rights to property. The Court clarified that the law of limitation is procedural, and if a right was extinguished before Section 52A came into force, it cannot be revived. The appeal was dismissed, affirming the trial court's ruling that the suit was barred by limitation under Section 28 of the Limitation Act, 1908.

YESHWANTRAO LAXMANRAO GHATGE & ANR. vs BABURAO BALA YADAV AND ORS. · Niyam