Court : Gujarat
Reported in : (1963)4GLR400
..... . the legal effect of the provisions of sub-clause (ii) aforesaid is only this that any legal proceeding in respect of the right claimed by the defendants shall be continued and disposed of as if the act of 1948 had not been passed.in my opinion the authorities in the unreported judgment in the letters patent ..... by it is not ousted by anything that is stated in the bombay tenancy and agricultural lands act 1948 at page 642 it has been further observed as follows:in my view the expression proceeding used in section 89(2)(b) must in its context mean a suit or a proceeding in the nature of a suit and an appeal or appeals which lie under the provisions relating to appeals and execution proceedings for enforcement of rights declared by the decree or order passed in the suit or appeal must be regarded merely as continuation of the suit.3. ..... follow these decisions; and in the light of these decisions it is clear that the suit having been instituted as far back as in 1942 long before the coming into force of the bombay tenancy and agricultural lands act 1948 the execution proceedings for the enforcement of that decree must lie in the ordinary civil courts and there is nothing in any of the provisions of the bombay tenancy and agricultural ..... it is exactly this kind of right and legal proceeding instituted to enforce it that are saved by the provisions of section 89(2) of the tenancy act of 1948. ..... contained in this act will affect the said right and the legal proceedings to enforce that .....
Tag this Judgment!Court : Gujarat
Reported in : (1961)2GLR444
..... rights as protected tenants were rendered illusory in the light of the provisions of section 89(2)(b) (ii) of the 1948 act whereby the legislature has authorised the continuance and disposal of legal proceedings in respect of rights titles interests obligations or liabilities already acquired accrued or incurred under the act of 1948 as if that act was not passed. ..... institution of proceedings is concerned the legislature has not protected the rights titles interests obligations or liabilities acquired accrued or incurred under the act of 1939 if a legal proceeding or remedy in respect of any such right title interest obligation or liability acquired or incurred is sought to be instituted after the act of 1948 came into operation it will have to be instituted and dealt with in accordance with the provisions of the 1948 act even though the liability was under the act of 1939. ..... applicable to the facts before me as these cases were filet before the act of 1948 came into force and therefore those suits were regarded in these decisions as pending proceedings which were expressly saved by section 89(2)(ii) of the act of 1948. ..... continued after the enactment of the act of 1948 ..... shah contended that though this section exempted the suit lands from the operation of the 1948 act the rights as protected tenants which where already vested in the defendants would continue by reason of section 31 of the act and therefore the plaintiffs were not entitled to terminate, the tenancy as they have done or .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)2GLR1196
..... the order of the mamlatdar dated 5-1-1981 was confirmed with directions that the mamlatdar shall take consequential proceedings under section 32g of the act 1948 to fix purchase price of the land as the tenant is declared to be deemed purchaser of this land and he was legal tenant of this land as on 1-4-1957. ..... the tribunal has given judgment in the present case proceeding on the ground that for legal and valid surrender of land, formalities are required to be complied with as per provisions of the act 1948. ..... this special civil application arises out of the proceedings under section 32g of the bombay tenancy & agricultural lands act, 1948 (hereinafter referred to as the 'act 1948') initiated by the mamlatdar and a.l.t. ..... on the other hand, the learned counsel for the respondent contended that the so-called surrender of possession by the tenant to the petitioner-owner was not in accordance with the provisions of the act 1948 and as such, the mamlatdar as well as the tribunal have rightly held that legally the tenancy of the tenant subsists as on 1-4-1957. ..... in these proceedings, the mamlatdar under its order dated 5-1-1980 held that surrender of the land made by the tenant in favour of the owner is illegal and therefore, the tenant continues to be legal tenant of the land in dispute. ..... the petitioner-owner was in possession of the land earlier to 1-4-1957 and he continues to be in possession for all these years. .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)1GLR943
..... proceed on the assumption that the original petitioner could have had pensionary benefits by virtue of section 14(1) proviso of the bombay housing board act, 1948 ..... while pronouncing this opinion of ours, we are not supposed to touch and we have not touched the question as to whether the original petitioner continued to have the pensionary benefits, which he might have had as a government servant of the state of bombay prior to his being drafted into the services ..... vakharia, learned senior counsel, representing the cause of the legal representatives, would draw our attention to section 86(2)(ix) of the gujarat housing board act, 1961 and in particular the proviso thereto to say that the original petitioner must be held to have continued to enjoy the conditions of service as he enjoyed prior to his being drafted into the services of the gujarat housing board and any variation of the conditions of service could not be to the ..... went over to the services under the gujarat housing board on and from 1-5-1960, we have to see as to whether the said benefits continued to vest in him so as to mulct the gujarat housing board with the liability to pay pensionary benefits to him. ..... which we are bound to take note of is that after the original petitioner got into the services of the bombay housing board with effect from 27-9-1949, it could not be said that he continued to be a government servant to earn the pensionary benefit on that basis, whatever be the position prior to that date. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj9; (1982)1GLR333
..... but before 5thdecember, 1972, the date of the publication in the official gazette of the bombay tenancy and agricultural lands (gujarat amendment) bill, 1972 (here inafter referred to as the latter date) and had continued to remain in actual possession, with or without the consent of the landlord, of such land or, as the case may be part thereof till the latter date had been dispossessed of such and or part ..... land or part thereof is not put to a non-agricultural use on or before the said date, then the mamlatdar shall, notwithstanding anything contained in the' said section 29 or any other provision of this act either suo motu or on an application of the tenant made within the prescribed period, hold an inquiry and direct that such land or, as the case may be part thereof shall be taken from the ..... tribunal at annexures c and b to the petition, by filing the present proceedings under article 227 of the constitution of india it may be stated that though the petitioner has styled the petition as one under article 226 of the constitution as the tribunal's decisions were in exercise i of its judicial powers under section 76 of the tenancy act the present proceedings would in substance be under article 227 of the constitution and i have accordingly ..... ' in the light of the aforesaid settled legal position and in the background of proved and admitted facts on the record of this case the only conclusion possible is that the petitioner has fully established his case for, restoration ..... 1948 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1974Guj11; (1973)GLR292
..... 1948 (hereinafter referred to as the act) car file or continue proceedings under section 32t of the act for the purpose of obtaining possession from the tenant. ..... in special civil application no.1621 of 1970 the view taken by the revenue tribunal that the heir of the certified landlord could continue the application which was filed by the certified landlord and during the pendency of which the certified landlord died was erroneous and hence spl. c. a no. ..... 32 to 32-r provide for compulsory purchase of the land and consequential proceedings on such compulsory purchase under the tiller's day legislation and the relevant date is april 1, 1957 as of that day, which was known as the tiller's day in the state act, every tenant was deemed to have purchased from his landlord free from all encumbrances the land held by him as a tenant. ..... bombay high court was based on the corresponding provisions of the bombay tenancy and agricultural lands act, 1948 as amended for the state of maharastra.7. ..... the tenant died during the pendency of the proceedings before the mamlatdar and his heirs and legal representatives came on the record and the heirs of the original tenant preferred an appeal against the order of the mamlatdar. ..... mangalbhai expired and subsequently his heirs and legal representatives have been brought on the record of this case. ..... before taking up the discussion regarding the legal point arising in the case. .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR681
..... affected by the enactment of the act or the repeal of the 1939 act save as expressly provided in the act and the suit which had commenced before the tenancy act of 1948 was applied to this area had to be continued and disposed of as if the 1948 act ..... already acquired accrued or incurred before the commencement of this act were not to be affected or be deemed to be ..... xx(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 actand any such proceedings shall be continued and disposed of as in this act was not passed.therefore any rights obligation or liability .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR29
..... 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 actand any such proceedings shall be continued and disposed of as if this act was not passed.an execution is a continuation of the suit as execution proceedings are taken in enforcement of the rights created by a decree of a civil court and would therefore be saved from the operation of the tenancy act of 1948.secondly if ..... the enforcement of the right created by a civil court is within the function and duties of the mamlatdar as provided in the tenancy legislation then the rest of the provisions of the tenancy act ..... in those execution proceedings it was contended that subsequent to the passing of the decree jambai was given the possession of the mortgaged lands and that since the bombay tenancy and agricultural lands act 1948 was made applicable on 29th december 1948 after the passing of the decree and as jambai had leased ..... executing court must be such as would be covered by section 70 of the tenancy act 1948 because in that case alone the mamlatdar would have the jurisdiction to deal with or decide .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)1GLR124
..... proceedings which have been started on the application of a tenant under section 32-g of the act, 1948, the revenue authorities could have also proceeded under section 32(1b) of the said act. ..... to buttress this contention, the counsel for the petitioners further submitted that after 1951 the entries continue in the name of the tenant and the entries subsequent to 1951 have not been challenged by the respondents at ..... has been made that in the revenue record, the predecessor of the petitioners shri mangaji dhulaji thakore was entered in the revenue record as protected permanent tenant and the same continued till the year 1955-56, but after 1955-56, the name of mangaji dhulaji thakore was deleted from the revenue record without any legal, valid and lawful order passed by the authority under the tenancy act. ..... counsel for the petitioners challenging the correctness and the legality of the orders of the appellate authority and the tribunal contended that both the authorities have committed a serious error apparent on the face of the order in holding that the previous proceedings initiated by the a.l.t. ..... who are undisputedly the legal heirs and representatives of deceased mangaji dhulaji thakore were not given any notice of those proceedings. ..... 3525 was started only after the death of mangaji and in which only one legal heir and representative was given the notice. ..... the petitioners are the legal heirs and representatives of deceased mangaji dhulaji thakore, who was the tenant as per their case, .....
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR88
..... or liability already acquired, accrued or incurred before the commencement of this act, or(ii) any legal proceedings or remedy in respect of any such right, title interest, obligation or liability or anything done or suffered before the commencement of this actand any such proceedings shall be continued and disposed of, as if this act was not passed.the phrase 'save as expressly provided in this act' occurring in clause (b) of sub-section (2) of section 89 of the act does not limit the scope of section 4a in any way. ..... concerned and hence it is not likely that the legislature would have intended to protect any right of a mortgagee in possession to be included in the category of a deemed tenant under section 2a of the 1939 act, after section 4(c) of the 1948 act containing the provision to the contrary was enacted.then the learned judge has further observed as follows:it appears with great respect to the learned judges who decided the case of salman raje (supra) that ..... that case held as follows:the object of section 4(c) of the bombay tenancy act of 1948 falls within the clause 'save as expressly provided in this act' occurring in section 89(2)(b) of the 1948 act and in that case, it would be difficult to say that, the status of a deemed tenant alleged to have been acquired by the appellants under the bombay tenancy act of 1939 is saved by section 89(2)(b)(i) of the 1948 act. ..... the petitioner section 4(a) of the bombay tenancy act, 1948 was not brought to the notice of the .....
Tag this Judgment!