AIR 1965 BOMBAY 76 ::1964 Mah LJ 704 ::66 Bom LR 605 ::ILR (1964) Bom 843

Bombay High Court

Hon'ble Judge(s): N. L. Abhyankar, R. M. Kantawala , JJ

(A) Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act (99 of 1958) , S.38, S.39— Tenancy and Agricultural Lands (Vidarbha Region) (Amendment) Act (44 or 1963) , S.6— Tenancy Laws Bombay - S.5 of Amendment Act applies only to proceedings pending before authorities created under the Tenancy Act - It does not apply to proceeding pending before High Court in petition under Art.227 against order of Tribunal. Section 6 of the Amendment Act will apply only to suits, appeals or proceedings which may be pending on the date of the coming into force of that Act, before any of the authorities such as the Tahsildar, the Collector, Agricultural Tribunal or the Revenue Tribunal which are authorities created under the Principal Act, but not to proceedings pending before the High Court whose jurisdiction is invoked not under any of the provisions of the Tenancy Act but under the Constitution. The jurisdiction which the High Court exercises when it entertains a petition under Art. 227 is of a special character. In a sense it is a limited jurisdiction and that jurisdiction is exercised to see to it that the inferior tribunals, whose orders are challenged before the High Court, keep within the bounds of their authority. An order is not liable to be set aside merely because there is an error of law.(Para 13) ....