AIR 1962 BOMBAY 147 ::64 Bom LR 57 ::ILR (1962) Bom 42

Bombay High Court

Hon'ble Judge(s): H. K. Chainani , C.J. AND V. S. Kotwal, D. P. Shikhare , JJ

C.P. and Berar Regulation of Agricultural Leases Act (24 of 1951) , S.19(1), S.8, S.9— Tenancy Laws - Proceedings u/S.19(1) - Nature of - Proceedings pending at the commencement of Bombay Act 99 of 1958 - Bombay Act applies - Disposal should be according to latter Act - Tenancy Laws. Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act (99 of 1958) , S.132(3)— A cause is said to be pending in a court of justice when any proceeding can be taken in it. Thus a proceeding under sec.9, B.R.A.L. Act, remains pending so long as an application can be made in it under sub-sec.(1) of sec.19 and until an order has been made under sub-sec.(3) of Sec.19. An application made under Sec.19 @page-Bom148 B.R.A.L. Act, made after the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 is, therefore, an application in a pending proceeding of the kind referred to in clause (a) of sub-sec.(3) of Sec.132 of the Bombay Act. This sub-section will, therefore, apply to such an application and it will be deemed to have been instituted and pending before the corresponding authority under the latter Act and shall be disposed of in accordance with the provisions of the Bombay Act. .....