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Showing contexts for: actionable wrong in Abdul Sattar And Ors. vs Board Of Revenue, U.P., Allahabad And ... on 21 December, 1981Matching Fragments
(ii) if the operations are at the stage of proceedings under Section 8 of the principal Act, or at any later stage, then all further proceedings shall be continued and concluded in accordance with the principal Act as if this Act had not_ come into force.
Explanation-- In this section "amended Act" means the principal Act as amended by this Act."
24. During the course of argument the learned counsel for the petitioners placed reliance upon the provisions of Section 49 (ii) of the U. P. Act No. XXXVIII of 1958 in support of his contention that the proceedings should be treated merely for correction of papers case in which the Deputy Director of Consolidation gave judgment on 9-10-1963 but I have difficulty to accept the contention in view of the circumstance that the transitory provision could be relied upon only for a period of 24 months and in the present case cause of action had arisen in the year 1961 much after 24 months of the enforcement of U. P. Act XXXVIII of 1958. Bare reading of Section 12 of U.P. Act No. XXXVIII of 1958 would show that it was required of the defendants vandees to have sought relief under that provision and if the defendants vendees chose wrong action, they were to thank themselves but in view of the substituted provision of Section 49 of Act XXXVIII of 1958 I have no manner of doubt that the provisions of U. P. C. H. Act prior to the year 1958 would govern the facts and circumstances involved in the present case and the proceedings giving rise to the order dated 9-10-1963 by the Deputy Director of Consolidation would be in the nature of mutation proceedings as indicated by a learned Judge of this Court in 1970 Rev Dec 466 Smt. Bhuria v. Board of Revenue, U. P. at Allahabad in the following words :--