FATMABIBI BUDRUDDIN Vs. GANESH BALLAL JOGLEKAR

JUDGEMENT

(1.) The question submitted for our decision is whether Secs.12, 13 and 71 A of the Dekkhan Agriculturists Relief Act apply to suits instituted before that Act came into force in the particular district in which the suits arc instituted.

(2.) We are of opinion that Secs.13 and 71 A have no such application and that Section 12 must be allowed retrospective effect only in so far as it regulates the procedure of the Court. To obviate the possibility of misunderstanding, we add that in this view of the law it appears to us advisable to specify the last sixteen words of the main paragraph of the section, "And secondly, with a view to taking an account between such parties in manner hereinafter provided" as the particular passage to which retrospective effect must be denied.

(3.) In this connection we invite attention to the recent ruling of a Division Bench of this Court in Pannalal V/s. Kalu (1906) 8 Bom L.R. 798 which we read as indicating a similar construction of the law.