Laxmibai Kisanrao Tamhane And Ors. vs Trivenibai on 13 December, 1971
In Narayan Gopal v. Shankar Sitaram a similar question had arisen before a Division Bench of this Court and the Division Bench held that the right of a tenant of lands which were excluded from the Bombay Tenancy and Agricultural Lands Act, 1948, by Bombay Act XXXIII of 1952, but which was revived by the proviso to Section 43-C of the Act, can be affected by a notification under Section 88 (1) (b) of the Act which was issued on the same date on which Bombay Act XIII of 1956 (which added Ss. 43-C and 88 (1) (b)) came into force. Therefore, once action is taken under Section 88 (1) (b) the protection given by the Act is taken away. The Division Bench, thereof, held that if the ingredients of Section 88 (1) (b) are satisfied then the provisions of the proviso to Section 43-C do not apply. The observations of the Division Bench at p. 703 are as follows :