1972 (1) TMI 114

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....hikaripur town. The respondent-landlord filed an application under S. 21(1)(a) of the Act for eviction of the petitioner-tenant alleging that the tenant was in arrears of rent. By order dt. 4-10-1970 made in HRC. No. 2 of 1968, the learned Munsiff at Sagar ordered the eviction of the tenant. While making the said order, the Munsiff proceeded under S. 21(2) of the Act as it existed prior to its amendment by Mysore Act No. 14 of 1969. S. 7 of Mysore Act No. 14 of 1969 substituted the following sub-section for sub-sec. (2) of Section 21: "No order for the recovery of possession of any premises shall be made on the ground specified in clause (a) of the proviso to sub-sec. (1), if the tenant- (i) complies with the provisions of Section 29; ....

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....case. 4. Sri P.R Srinivasan, learned Counsel for the respondent contended that since the amendment affects the substantive rights of the parties the amendment has no retrospective effect and it does not govern pending proceedings. 5. The question for decision is whether S. 21(2) of the Act as substituted by S. 7 of Mysore Act 14 of 1969 governs cases where the proceedings for eviction had been instituted before the said amendment came into force. 6. The matter pertains to rules of construction of statutes and the effect of amendments made to an Act. In the instant case, sub-sec. (2) of S. 21 provides for the circumstances under which relief against eviction can be granted in proceedings under the Act. The said sub-section was amended by ....