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Showing contexts for: substantive amendment in Navinchandra Ramanlal vs Kalidas Bhudarbhai And Anr on 21 February, 1979Matching Fragments
and no vested right under the Tenancy Act 1948 or even one under the Bombay Tenancy Act, 1939, could be claimed by any one. It is not necessary to examine this contention because subsequent to the later decision in Sidram Narsappa Kamble (supra) the Tenancy Act of 1948 was amended by Gujarat Act 36 of 1965 making it abundantly clear that if there is any Notification exempting any area from the operation of the Tenancy Act issued by the appropriate Government under s.
88(1) (b), the exemption would enure for the benefit of that area included in the Municipal Corporation as on 1st August, 1956 and in the absence of a fresh Notification such exemption would not be available to the extended or area added to the area of Municipal Corporation and this amendment is made effective notwithstanding any judgment, order or decision of the Court or Tribunal to the contrary. Presumably, in order to combat the effect of some judgments which purported to lay down that the exemption once granted would apply to any area that may be included in the Corporation area at a date much later to the date of issue of the Notification, the amendment was made. Accordingly, law having undergone a substantive amendment bearing on the subject, the ratio in the decision of Mohonlal Chunilal Kothari and Sidram Narsappa Kamble (supra) which turned upon the construction of s. 88(1) (b) as it stood at the relevant time, would not be of any assistance.