KRISHNANKUTTY MOOTHAN Vs. KUTHIRAVATTATH NAYARS ESTATE

JUDGEMENT

(1.) This is an appeal from the decision of the Subordinate Judge of Ottapalam in O.S. No. 3 of 1951. The suit which was filed on 12-1-1951 was for renewal fee under S.27 of the Malabar Tenancy Act, 1929. Subsequent to the filing of the suit the Malabar Tenancy Act,. 1929, was amended by the Malabar Tenancy (Amendment) Act, 1951. S.55 of that Act was in the following terms:

(2.) S.55 and S.1, 48, 49, 51 and 54 - of the Malabar Tenancy (Amendment) Act, 1951, came into force on 23-10-1951. There can be no doubt that S.55 applied to the suit as it was pending; on the date the section came into force, and as it sought to recover renewal fee under S.27 of the Malabar Tenancy Act, 1929.

(3.) It is true that S.27 disappeared from the statute-book as a result of S.22 of the Malabar Tenancy (Amendment) Act, 1951, which came into force on 15-3-1952. This however, cannot affect the statutory stay imposed by S.55 on and from 23-10-1951. That stay could disappear only by a notification under sub-s.(2) of S.54 or by a repeal of S.55 itself. No notification was issued under sub-s.(2) of S.54. There was a repeal of S.55, but that was only by the Malabar Tenancy (Amendment) Act, 1954, which came into force on 19-3-1954.