Section 42 in Jammu and Kashmir Residential and Commercial Tenancy Act, 2012
42. Repeal and savings
(1) The Jammu and Kashmir Houses and Shops Rent Control Act, 1966 is hereby repealed.(2)Notwithstanding such repeal, anything done, any action taken, any order or notification issued under the said Act shall be deemed to have been done, taken or issued under the corresponding provisions of the Act as if this Act was in force on the date, such thing was done, action taken or order or notification was issued.(3)Subject to the provisions of section 39 all cases and proceedings under the.. said Act pending, at the commencement of the Act, shall be continued and disposed off by the Rent Controller or Appellate Rent Tribunal, as the case may be, in accordance with the provisions of the repealed Act.(4)The plaintiff, within a period of 90 days of coming into force of the Act shall, however, be entitled to withdraw any suit or appeal or any other proceeding pending under the repealed Act with liberty to file fresh petition in respect of the subject matter of such suit or appeal or any other proceeding under, and in accordance with, the provisions of the Act and for the purposes of limitation such petition shall, if it is filed within a period 180 days from the commencement of the Act, be deemed to have been filed on the date of filing of the suit which was so withdrawn and in case of withdrawal of appeal or other proceedings on the date on which the suit was filed out of which such appeal or proceedings originated.
