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Issues: Whether the newly inserted restriction in section 34(2-A) of the Bombay Tenancy and Agricultural Lands Act applied where the landlord's notice to terminate tenancy had been issued before the amendment but the tenancy itself terminated after the amendment came into force.
Analysis: Section 34(2-A) imposed conditions on the landlord's right to terminate tenancy and did not deal with the notice itself. The crucial date for its application was therefore the date on which the tenancy actually terminated and the landlord's right matured, not the date on which notice was given. A notice under section 34(1) was only a declaration of intention and did not by itself create a vested right to possession. Since the amendment came into force before the tenancy terminated, the amended restriction had to be taken into account. The Act being a beneficent measure for the protection of tenants, any doubt in construction was to be resolved in favour of the tenant.
Conclusion: Section 34(2-A) applied to tenancies that had not terminated before the amendment came into force, even if notice had been served earlier. The tenant was entitled to the protection of the amended provision.
Ratio Decidendi: For a statutory restriction on the right to terminate tenancy, the governing date is the date of actual termination of the tenancy, not the date of notice; an amendment in force before termination applies unless a vested right had already accrued.
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