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2008 (8) TMI 789 - SC - Indian LawsWhether the suit properties were originally Wakf Properties or alternatively whether they ceased to be Wakf properties as the defendants/appellants and their predecessors had perfected their title by way of adverse possession ? Whether the suits filed by the Wakf/respondents were barred by limitation and, if so, whether Section 107 of the Wakf Act could have the effect of reviving a barred claim ? Whether Section 6 of the General Clauses Act would apply in this case or not? Whether Section 107 can revive an extinguished right? Held that:- Appeal allowed. The judgment and decree of the High Court passed in the aforesaid second appeals are set aside and the suits filed by the respondents are dismissed. Section 107 cannot revive a barred claim or extinguished rights.
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