ISHVERLAL THAKORELAL ALMAULA vs MOTIBHAI NAGJIBHAI

The Supreme Court held that the proviso to Section 43C of the Bombay Tenancy and Agricultural Lands Act, 1948, provides protection to tenants even if the suit is filed before the enactment of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956, as long as the suit is not finally disposed of. The Court clarified that the District Judge should have referred tenancy-related issues to the Mamlatdar as a revenue court instead of dismissing the suit. The dissenting opinion argued that only those claiming to be tenants under the Act could benefit from the proviso, emphasizing the exclusive jurisdiction of the Mamlatdar under Section 70 and Section 85(1).