The Notification dated September 7, 1989 granting exemption to the Board under the above mentioned provision of the Act was challenged before the High Court.
The second appeal filed in the High Court was dismissed on 17.12.1998.
Learned companynsel for the State of M.P. has invited our attention to the letter dated March 26, 1976, by the then Prime Minister of India addressed to the Chief Minister of the State of M.P., suggesting, for the reasons given in the said letter, to grant exemption of the provisions of the Act to the properties owned by the Wakf.
District Judge, Bhopal, the original tenant died and was substituted by the present appellants as his heirs and legal representatives.
Thereafter, the State of M.P. made enquiries from various other States in this respect.
The High Court quashed the Notification on the short ground that there was numbermaterial before the State Government to reach the satisfaction that it was necessary to issue the impugned Notification.
The decision rendered by the Madhya Pradesh High Court in Chintamanis case supra was challenged in an appeal filed in this Court by the State of Madhya Prdesh which was disposed of by a Bench of which one of us Saghir Ahmad, J. was a member and the Notification dated 9th September, 1989, by which the properties belonging to public charitable trusts and Wakf were exempted, was upheld.
SAGHIR AHMAD, J. Leave granted.
The suit was decreed on 8.12.1997, against which an appeal was filed, but before it companyld be disposed of by the Addl.
On receipt of the replies, the matter was companysidered and thereafter, the exemption Notification was issued.
