Court : Mumbai
Reported in : (1960)62BOMLR873
..... 1879, or sections 6 and 9 of the khoti [settlement act, 1880;(b) shall, save as expressly provided in this act, affect or be deemed to affect,(i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this act, or(ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this act, -and any such proceedings shall be continued and disposed of, as if this act was not passed.the important clause is clause ..... what is necessary to be noted is that under section 89(2)(b)(ii) a legal proceeding in respect of any right is to be continued and disposed of as if the act of 1948 was not passed. ..... (b) of sub-section (2) and the words 'save as expressly provided in this act' are significant ..... 82(2)(b)(ii) unambiguously lays down that any legal proceeding in respect of rights mentioned in section 89(2)(b)(i) shall be continued and disposed of as if this act was not passed. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom388
..... (2) of' section 89 lays down:'nothing in this act (the tenancy act of 1948) shall affect any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this act or any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this act and any such proceedings shall be continued and disposed of, as if this act was not passed'.it is undisputed in this case that the legal proceeding in respect of the plaintiff's right to recover ..... possession of the suit properties was commenced before the passing of the tenancy act of 1948 and clearly, therefore, under the provisions of section 89, sub-section (2) of the act, the said proceeding shall be continued and disposed of as if the act of 1948 was not passed. mr. .....
Tag this Judgment!Court : Mumbai
Reported in : (1954)56BOMLR638
..... (b) shall, save as expressly provided in this act, affect or be deemed to affect, (i) any right, title, interest, obligation, or liability already acquired, accrued or incurred before the commencement of this act, or(ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this act,and any such proceedings shall be continued and disposed of, as if this act was not passed.7. ..... in favour of the plaintiff to obtain possession on the footing that the defendants had ceased to have any interest in the land in dispute, and those rights and obligations not having been affected by/ anything contained in the act of 1948, it was open to the plaintiff to enforce those rights by proceedings which had prior to the act of 1948 been instituted in the civil court. ..... but a suit filed in the civil court prior to the date on which the bombay tenancy and agricultural lands act of 1948 came into operation can be continued under clause (b) of sub-section (2) of section 89 as if the act had not been passed. ..... , for ascertaining whether an execution application lies in a civil court for relief which can be granted under the bombay tenancy and agricultural lands act of 1948, only by the mamlatdar, regard must be had to the date on which the suit (in which the decree was passed) was instituted. .....
Tag this Judgment!Court : Mumbai
Reported in : (1955)57BOMLR223
..... thereby shall, save as expressly provided in the act, affect or be deemed to affect(i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this act, or(ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this act, and any such proceeding shall be continued and diposed of, as if this act was not passed.in the schedule to the act in the fourth column the extent of repeal of the ..... but in enacting sub-section (2) of section 89 the legislature has authorized the continuance and disposal of legal proceedings in respect of rights, titles, interests, obligations or liabilities already acquired, accrued or incurred before the commencement of the act of 1948 as if that act was not passed. ..... it is provided by that clause that legal proceedings in respect of the rights which are protected under clause (b)(i) are not affected, and any such proceeding shall be continued and disposed of as if the act of 1948 was not passed. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom345
..... act provides that save as expressly provided in this act, nothing in this act snail affect or be deemed to affect any right, title or interest acquired before the commencement of the act and any legal proceeding or remedy in respect of any such right, title or interest shall be continued and disposed of as if this act was not passed.the suit filed by the respondent-plaintiff was pending when the act came into force in december 1948, ..... what is alleged is that the collector might act contrary to the provisions of the bombay tenancy and agricultural lands act, 1948.but, as the court's duties came to an end when it passed the decree and as no proceedings in execution can be taken by it, it is not open to the court to entertain an application under section 47 and give directions to the collector in ..... within the meaning of section 47.but we do not think that even they can invoke the inherent powers of the court under section 151 when it is not alleged that the collector has acted or intends to act contrary to the terms of the decree or contrary to any law relating to partition.all that is alleged is that the collector proposes to deprive them of their possession of the lands ..... plaintiff to obtain possession of his share in the suit lands, which had accrued to him before the commencement of the bombay tenancy and agricultural lands act, 1948.8. ..... suit and that they could not, therefore, be evicted from the lands in view of the provisions of the bombay tenancy and agricultural lands act, 1948. .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(2)BomCR114
..... ') allowing a revision application and thereby reversing the order of the deputy collector and restoring that of the tahsildar in a proceeding started by the landlord against the tenant for recovery of the possession of the disputed lands for bona fide personal cultivation and it arises out of the following facts.2. ..... that is a ruling arising out of the bombay tenancy and agricultural lands act, 1948, and in that ruling also, the landlord had applied for possession of the land under section 33-b. ..... '........we, therefore, hold that the legal heir who is brought on record during the pendency of the proceedings, must establish his own bona fide requirement as on the date he comes on record, as that would be the date for him for all practical purposes to establish his case to recover possession. ..... now, the order is being passed by this court under the hyderabad tenancy act today and hence the observations made by the division bench in this ruling clearly apply to the facts of the instant case and the crucial date would be the date on which the heirs and legal representatives are brought on record. ..... the tahsildar is further directed to dispose of this case as far as possible within six months from the date of receipt of record and proceedings by him. ..... original petitioner having died, his heirs and legal representatives are brought on record and they are pursuing this petition. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1981Bom220; 1980MhLJ605
..... as expressly provided in this act, affect or be deemed to affect, (i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this act, or (ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this act, and any such proceedings, shall be continued and disposed of, as if this act was not passed. ..... the ground that she had been the tenant of the suit property from her husband balwant and that after the coming into operation of the bombay tenancy and agricultural lands act, 1948 proceedings were taken under section 32g of the act and she was granted a certificate under section 32m of the act recognising her as a deemed purchaser of the suit property. ..... filed in the civil court prior to the date on which the bombay tenancy and agricultural lands act of 1948 came into operation can be continued under clause (b) of sub-section (2) of section 89 as if the act had not been passed. ..... right which the appellants have, be enforced by them by taking out execution proceedings after the coming into operation of the bombay tenancy and agricultural lands act, 1948? ..... for ascertaining whether an execution application lies in a civil court for relief which can be granted under the bombay tenancy and agricultural lands act of 1948, only by the mamlatdar, regard must be had to the date on which the suit (in which the decree was passed) was .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom707; (1957)59BOMLR255
..... same reasons even though the proceedings instituted before the date on which the act is applied have to be continued by the court as if the provisions of the act had not been passed, what is protected is the legal proceeding in respect of the action for breach of contract and nothing more.indisputably a legal proceeding or remedy in respect of a right, title, interest, obligation or liability which has been suffered before the commencement of the act has to be proceeded with and continued and disposed of as if the act had not been passed. ..... the decree of the courts below by relying upon certain decision's of this court in which the view has been taken that to suits instituted, before the date on which the bombay tenancy and agricultural lands act of 1948 came into operation the provisions of that act by virtue of section 89 (2) do not apply.in 'rajesab vallad imamsab bagwan v. ..... ' the learned chief justice then observed:'though it is perfectly correct that the contract when it was entered into on 17-12-1948 was valid, the legislature made the performance of it void; and, therefore, to a suit for specific per-formance the answer that could have been properly given by the vendee would have been he could not ..... in that case the agreement to sell was entered into on 12-10-1948, and the sale-deed was executed on 6-1-1949, and the bombay tenancy and agricultural lands act was brought into operation in this area on 28-12-1949, and it was held that the sale was void.9. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom223; (1957)59BOMLR691
..... it has also been held that where a suit with regard to any right which has vested has already been filed and a decree has been obtained upon it before the act of 1948 came into force, proceedings for execution of that decree are merely a continuation of the suit and they can be filed even after the act of 1948 came into force. mr. ..... and any such legal proceedings shall be continued and disposed of, as if this act was not passed. ..... (b) shall, save as expressly provided in this act, affect or be deemed to affect (i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this act, or (ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this act. ..... ' this court has now taken the view that inasmuch as the saving clause does not repeat the word 'instituted' in the general clauses act, only those legal proceedings in respect of a vested right are not affected as could be said to be pending when the act came into force, that is, in this case, the 28th of december 1948, when the act was made applicable to the area in which the land in suit is situated. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(2)BomCR628
..... (2) notwithstanding the repeal of the laws by sub-section (1), all suits and other proceedings under a repealed law pending at the commencement of this act before any court or authority shall be continued and disposed of in accordance with the provisions of the repealed law as if that law had continued in force and this act had not been passed: provided that in any such suit or proceeding for the fixation of fair rent or for the eviction of a tenant from any building ..... urges that this court must hold that the house property is charged with an encumbrance and unless payment is made jose mario is entitled to retain the same.though it is true that under the two legal systems the principle of owelty is identical, yet there is nothing codified insofar as the effects of non-payment of owelty are concerned under the indian system, unlike the portuguese code where the situation is different ..... answered the question in favour of such inducted tenant by mortgagee in possession on the grounds that the provisions of the bombay tenancy and agricultural lands act, 1948, are a social reform oriented legislation and further that definition of 'tenant' also includes a deemed tenant.in the decision of prabhu v. ..... the supreme court held that regard being had to the meaning of deemed tenant in section 4 of the bombay tenancy and agricultural lands act, 1948, a person inducted as lessee by a limited owner having life estate in land is protected, for he becomes a deemed tenant within the meaning of .....
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