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Issues: Whether the amended Section 38(7) of the Bombay Tenancy and Agricultural Lands Act, 1958 includes partitions of every kind within the expression "transfer" and whether the earlier interpretation in Salubai v. Chandu was correct.
Analysis: The amended provision added the words "or partition" after "transfer" and was enacted to undo the effect of the earlier Full Bench view that partition was outside the expression "transfer". The language of the amended section was held to be clear and unqualified, and no basis was found for restricting the word "partition" to cases where rights were acquired for the first time. The Statement of Objects and Reasons was treated as confirming that the legislative intent was to include partition from the outset and to extend the protection of the provision to pending matters by the amending Act. The construction adopted in Salubai was rejected because it curtailed the plain effect of the amendment and failed to give full meaning to the legislative change.
Conclusion: The expression "transfer" in Section 38(7), as amended, includes partition in its ordinary sense, and all kinds of partitions fall within the mischief of the provision.
Final Conclusion: The challenge to the order below failed, and the petition was dismissed with costs because the amended tenancy provision was construed to cover partitions as well as transfers.
Ratio Decidendi: Where the wording of an amended statutory provision is plain, the Court must give effect to the legislative intent as expressed, and the Statement of Objects and Reasons may be used to confirm that the amendment was meant to include a class of transactions previously excluded by judicial interpretation.
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