KHIMCHAND HARGOVANDAS SHAH Vs. GANCHI VALIBHAI GABABHAI

JUDGEMENT

(1.) THIS Second Appeal arises out of the suit filed by the Appellant for possession of a Ghabhan (building site) in the Village Masar Road. The suit was filed in the Court of the Civil Judge (Junior Division) Padra District Baroda and was No. 26 of 1958. After the suit was filed Part II of Bombay Rents Hotel and Lodging House Rates (Control) Act 1947 (Bom. Act LVII of 1947) was applied to village Masar Road as when the Act was enacted it was not applied to this area. But subsequently on 23rd October 1958 the State Government extended Part II of the Act to the village Masar Road Both the Courts below have held that in view of the provisions of sec. 12 in Part II of the Act the suit was liable to be dismissed and thereupon dismissed the suit.

(2.) THE Appellate Court relied upon sec. 50 of the Act which reads as follows:-