Section 43 in The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
43. Repeal and Savings.
(1)The United Provinces (Temporary) Control of Rent and Eviction Act, 1947, is hereby repealed.(2)Notwithstanding such repeal-(a)any application or proceeding pending immediately before the commencement of this Act before the District Magistrate under section 3 of the old Act shall stand transferred to the prescribed authority having jurisdiction and shall be deemed to be an application or proceeding under section 21 of this Act and shall be disposed of in accordance with the provisions of this Act ;(b)any application or proceeding pending immediately before the commencement of this Act before the District Magistrate under section 7 of the old Act or under rule 6 of the Control of Rent and Eviction Rules, 1949, made under section 17 of the old Act shall be disposed of by him in accordance with the provisions of sections 16 and 17 of this Act ;(c)any proceedings under section 3-A or section 5-A of the old Act pending immediately before the commencement of this Act before the District Magistrate shall be disposed of by the District Magistrate, and any prOceeding under section 7-D thereof so pending shall stand transfer-red for disposal to the prescribed authority, and the decision of the District Magistrate or the prescribed authority shall be deemed to be a decision under section 8, section 9 or section 27, as the case may be, and in the first and second mentioned CAWS, be subject to appeal accordingly ;(d)the provisions of section 39 shall mutatis mutandis apply to every proceedings under section 7-B of the old Act pending on the date of commencement of this Act in respect of a building in the same manner as it applies to the buildings to which the old Act was not applicable ;(e)proceeding pending immediately before the commencement of this Act in the court of Munsif under section 7-C of the old Act shall be continued and concluded as if this Act had not been passed:(f)any proceeding pending immediately before the commencement of-this-Act in the court of Munsif under section 7-E of the old Act shall be deemed Ito be a proCeeding under section 28 of this Act and shall stand transferred for disposal to the prescribed authority ;(g), any suit, for, fixation of rent pending immediately before the commencement of this Act in the court of Munsif or CiVil Judge under sub-section (4)' of, section 5 of the old Act shall be decided by that court, and the rate of rent in, respect of the period prior to the commencement of this Act Shall he fixed in aCcordance with the old Act and in respect of any subsequent period, be fixed in accordance with this Act ;(h)any court or authority before whiCh any suit or other proceeding relating to the recovery or determination or fixation of rent of, or eviction from, any building is pending immediately before the commencement of this Act may, on an application being made to it within sixty days from such commencement, grant leave to any party to amend its pleading in consequence of the provisions of this Act ;(i)any order passed by the District Magistrate before the commencement of this Act, granting or refusing to grant permission under section 3 of the old Act, against which no revision has been filed, shall-(1)if such order was made more than thirty days before the commencement of this Act, be final ;(2)in any other case, be subject to an appeal to the District fudge, which may be filed within sixty days from the commencement of this Act, and decision of the District Judge, shall be final ;(j)any order passed by the District Magistrate, permitting or to permit the landlord to occupy a building under rule 6 of the control of Rent and Eviction Rules, 1949, made under section 17 of the old Act, against which no revision has been filed, shall-(1)if such order was made more than thirty days before the commencement of this Act, be final ;(2)in any other case, be subject to an appeal to the District Judge which may be filed within sixty days from the commencement of this Act, and the decision of the District fudge shall be final ;(k)any order passed by the District. Magistrate, before the commencement of this Act under sub-section (2) of section 7 or under section 7-A of the old Act against which no revision has been filed shall-(1)if such order was made more than thirty days before the commencement of this Act, be final ;(2)in any other case, be subject to an appeal to the District Judge, which may be filed within sixty days from the commencement of this Act, and the decision of the District Judge shall be final ;(l)any order passed by the District. Magistrate granting or refusing to grant permission under section' 3 of the old Act and confirmed, modified or reversed by the Commissioner under sub-section (3) of that section and in respect of which no revision has been OW to the State Government Under section 77F of the old Act before the commencement of this Act. shall be final(m)any revision relating to the grant of permission under section 3 of the old Act pending immediately before the commencement of this Act before the Commissioner Shall stand transferred to the District Judge, and his decision stall be dial ;(n)any revision pending immediately before the commencement of this Act before the Commissioner under sub-section (4) of section 7-A of the old Act "shall be decided by and his order thereon shall be final;(o)any revision under section 7-F of the old Act pending immediately before the commencement of this Act before the State Government against any order of the commissioner passed under sub-section (3) of section 3 or sub-section (4) of section 7-A of the old Act shall be disposed of by the State Government;(p)any revision under section 7-F of the old Act pending immediately before the commencement of this Act before the State Government against an order of the District Magistrate passed under section 7-A of the old Act against which no revision has been filed before the Commissioner or against an order under sub-section (2) of section 7 of the old Act or an order permitting or refusing to permit the landlord to occupy a building under rule 6 of the Control of Rent and Eviction Rules, 1949, made under section 17 of the old Act, shall stand transferred to the District judge, and his decision shall be final:(q)the provisions of section 18 shall mutaits mutandis apply in relation to all appeals filed before the District judge, under clause (i), clause (j) or clause (k) and all revisions transferred to him under clause (m) or clause (p)(r)any suit for the eviction of a tenant instituted with the per-mission referred to in section 3 of the old Act or any proceeding arising out of such suit, pending immediately before the commencement of this Act, may be continued and concluded as if this Act had not been passed, and like-wise, any suit for eviction with such permission referred to in clause (1), clause (1) , clause (m) or clause (o) may be instituted after the commencement of this Act ;(s)any suit for the eviction of a tenant instituted on any ground mentioned in sub-section (1) of section 3 of the old Act, or any proceeding out of such suit (including any proceeding for the execution of a decree passed on the basis of any agreement, compromise or satisfaction), pending immediately before the commencement of this Act, may be continued and concluded as if this Act had not been passed ;(t)any decision of the District Magistrate, the prescribed authority, the District Judge, the Commissioner or the State Governs tent under the foregoing clauses may be enforced, whenever necessary, in like manner as if it were an order of the competent authority under the corresponding provisions of this Act.
