Removal of doubt.

§89A

Summary

1[89A. Removal of doubt.- It is hereby declared that sections 3, 3A and 4 of the Bombay Tenancy Act, 1939 (Bom. XXIX of 1939) as set out in Schedule I to this Act as modified from time to time by an order made under the Extra Provincial Jurisdiction Act, 1947 (Bom. XLVII of 1947), or by or under any other legislative power (including any modifications made in those sections by the 2Bombay Merged States (Laws) Act, 1950 (Bom. IV of 1950), and the Bombay Merged Areas, Enclaves and Specified Areas (Amendment of Laws) Act, 1950 (Bom. XXII of 1950)), in relation to the areas comprised in the merged States as defined in the second mentioned Bombay Act, or in the enclaves as defined in the last mentioned Bombay Act, shall always be deemed to be extended to and to be in force in, those areas on the dates on which this Act was extended to and brought into force respectively in those areas; and accordingly,- (a) all tenants falling under the said section 3, 3A or 4 as so modified, shall at all relevant dates be deemed always to be protected tenants under the respective sections, notwithstanding that their rights as such protected tenants are not recorded in the Record of Rights as required by the said section 3A aforesaid; (b) all proceedings for recovery or restoration of possession of land filed under section 34 of the Act as it stood immediately before the 1st day of August, 1956 (being the date on which the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 (Bom. XIII of 1956) (hereinafter referred to as "the said Act of 1955") came into force) and pending on the commencement of the Bombay Tenancy and Agricultural Lands (Second Amendment) Act, 1962 (Mah. VIII of 1963) before the Mamlatdar or in appeal before the Collector, or any Tribunal or Court shall, notwithstanding any judgment, decree or order of a Court be deemed to have been instituted under section 31 as it stands substituted by the said Act of 1955 and shall be disposed of accordingly.]

1[89A. Removal of doubt.- It is hereby declared that sections 3, 3A and 4 of the Bombay Tenancy Act, 1939 (Bom. XXIX of 1939) as set out in Schedule I to this Act as modified from time to time by an order made under the Extra Provincial Jurisdiction Act, 1947 (Bom. XLVII of 1947), or by or under any other legislative power (including any modifications made in those sections by the 2Bombay Merged States (Laws) Act, 1950 (Bom. IV of 1950), and the Bombay Merged Areas, Enclaves and Specified Areas (Amendment of Laws) Act, 1950 (Bom. XXII of 1950)), in relation to the areas comprised in the merged States as defined in the second mentioned Bombay Act, or in the enclaves as defined in the last mentioned Bombay Act, shall always be deemed to be extended to and to be in force in, those areas on the dates on which this Act was extended to and brought into force respectively in those areas; and accordingly,- (a) all tenants falling under the said section 3, 3A or 4 as so modified, shall at all relevant dates be deemed always to be protected tenants under the respective sections, notwithstanding that their rights as such protected tenants are not recorded in the Record of Rights as required by the said section 3A aforesaid; (b) all proceedings for recovery or restoration of possession of land filed under section 34 of the Act as it stood immediately before the 1st day of August, 1956 (being the date on which the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 (Bom. XIII of 1956) (hereinafter referred to as "the said Act of 1955") came into force) and pending on the commencement of the Bombay Tenancy and Agricultural Lands (Second Amendment) Act, 1962 (Mah. VIII of 1963) before the Mamlatdar or in appeal before the Collector, or any Tribunal or Court shall, notwithstanding any judgment, decree or order of a Court be deemed to have been instituted under section 31 as it stands substituted by the said Act of 1955 and shall be disposed of accordingly.]

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