MOHD. IDRIS & OTHERS versus SAT NARAIN

MOHD. IDRIS & OTHERS versus SAT NARAIN

The proceedings before the Munsif were with jurisdiction as the repeal of the U.P. Agriculturists' Relief Act and the amendments to the Abolition Act did not affect pending proceedings, in view of Section 6 of the U.P. General Clauses Act and Section 23 of the 1956 Amending Act. No intention appears in either the Abolition Act or subsequent amending statutes to oust the jurisdiction of the Munsif or transfer pending cases to the Assistant Collector. Thus, the suit filed under the old law remained competent.

Parties
Appellant: Mohd. Idris & Others; Respondent: Sat Narain
Jurisdiction
India
Judgment Date
10 December 1965
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Allahabad High Court Decision in Civil Revision
Outcome
Appeal dismissed.
Legal Topics
Repeal of Statutes, Redemption of Mortgages, Jurisdictional Changes After Repeal, Pending Proceedings Under Repealed Statute
Property Law Statutory Interpretation Repeal of Statutes Redemption of Mortgages Jurisdictional Changes After Repeal Pending Proceedings Under Repealed Statute

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Parties

Mohd. Idris & Others

Appellant

Sat Narain

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Allahabad High Court Decision in Civil Revision

Legal Issues

  1. 1 Whether proceedings pending under the U.P. Agriculturists' Relief Act were incompetent after its repeal by the U.P. Zamindari Abolition and Land Reforms Act and amending statutes
  2. 2 Whether the Munsif had jurisdiction to entertain and conclude the application for redemption

Ratio Decidendi

The proceedings before the Munsif were with jurisdiction as the repeal of the U.P. Agriculturists' Relief Act and the amendments to the Abolition Act did not affect pending proceedings, in view of Section 6 of the U.P. General Clauses Act and Section 23 of the 1956 Amending Act. No intention appears in either the Abolition Act or subsequent amending statutes to oust the jurisdiction of the Munsif or transfer pending cases to the Assistant Collector. Thus, the suit filed under the old law remained competent.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed with costs.