Retrospective tenancy amendment provisions validated earlier occupancy transfers and applied to pending suits without a saving clause.

The Bihar Tenancy (Amendment) Act, 1934 was treated as operating retrospectively in relation to a pending suit over a pre-1923 transfer of an occupancy holding. The amendment conferred transferability of occupancy holdings and included deeming provisions validating earlier transfers and later transfers on payment of a fee. Because these retrospective provisions were substantive and aimed at quieting title rather than regulating procedure, and because the Act contained no saving clause for pending litigation, no exception was implied for suits already on foot when the Act commenced. The result was that the new rights and deeming provisions applied according to their terms, defeating the challenge to the transfer.

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Issues: Whether the Bihar Tenancy (Amendment) Act, 1934 operated retrospectively so as to defeat the appellant's right in a pending suit concerning a pre-1923 transfer of an occupancy holding.

Analysis: The amendment inserted provisions conferring transferability of occupancy holdings and contained retrospective provisions deeming landlord consent to transfers made before 1 January 1923 and permitting validation of later transfers on payment of a transfer fee. The Act contained no saving clause for pending litigation. The retrospective provisions were substantive in character and were directed to quieting titles rather than regulating procedure. No basis was found for implying an exception in favour of suits already pending when the Act came into force, and the absence of any express saving meant that the new rights and deeming provisions applied according to their terms.

Conclusion: The retrospective provisions applied to the pending suit, and the appellant's challenge to the transfer failed.

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