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1978 Supreme(Del) 43

ANUP SINGH
MAN SINGH – Appellant
Versus
CONSTITUTION OF INDIA – Respondent


Advocates Appeared:
ANUP SINGH

PRAKASH NARAIN, J.

( 1 ) WE had heard arguments in this appeal and had also heard the learned counsel for the appellants and two trustees of Shri Moolchand Kharaitiram Hospital Trust in C. M. 153 of 1978 and reserved judgment. As we proceeded to judgment we noticed that no appeal was competent. We were, therefore, prima facie, of the view that we would have no jurisdiction to give any opinion, advice or direction by either agreeing with or reversing or modifying the judgment of the learned single Judge. Accordingly, we directed that the matter be listed for being mentioned. It was so listed on March 3, 1978. We pointed out to counsel that our research showed that no appeal lay against the order of the learned single Judge. Learned counsel took time to study the matter and address us.

( 2 ) TODAY we have heard Mr. Anoop Singh, learned counsel for the appellants. He submits that the appeal is maintainable.

( 3 ) THE appellants had filed a petition under Ss. 34 and 37 of the Indian Trusts Act, 1882, praying that they as trustees of the will of one Tara Chand Saraf be permitted to sell the immoveable properties of the trust at Amritsar and directions be given that the trust property ma










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