APEX COURT DIGEST 2008

whether Section 107 WAKF Act , can revive an extinguished right. We may note that the authority relied upon by the learned counsel for the appellant reported in Yeshwantrao Laxmanrao Ghatge and Another (supra) cannot be ignored. That decision was not a case of repeal and accordingly, there was no reference to Section 6 at all in that Act. Nevertheless, it was held in that case that a right extinguished under Section 28 of the Limitation Act, 1963 cannot be revived by Section 52A. Similarly, in the present case, we are of the opinion that applicability of Section 6 is inconsequential because admittedly, there was an extinguishment of rights under Section 28 and Section 107 cannot revive those extinguished rights.

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