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The only other relevant provision is section 88 of that Act which says :

"The provisions of this Act shall have effect in respect of all suits, appeals or proceedings including proceedings in execution for ejectment of a non-agricultural tenant which are pending at the date of commencement of this Act.
The contention based on s. 9(1)(b)(iii) was taken for the first time in the High Court of Calcutta. The High Court as mentioned earlier has accepted that contention. If s. 9 read with S. 88 of the '1949 Act' governs this appeal then undoubtedly the plaintiff's suit has to fail. But the question is whether those provisions are not subject to s. 3 of the '1958 Act'? This question has not been considered by the High Court. The High Court was greatly impressed by the width of S. 88 of the '1949 Act'. Read by itself there is no doubt that that provision makes applicable all the provisions of the '1949 Act' to all suits, appeals or proceedings including proceedings in execution for ejectment of non-agricultural tenant which was pending at the time, of the commencement of that Act. There is no dispute that the plaintiff has not complied with the requirements of S. 9(1)(b)(iii) of that Act. Therefore if the plaintiff was required to comply with the provisions of the '1949 Act' in all respects, he having not complied with the same, the suit ought to fail. But then, the provisions of the '1949 Act"