TMI Blog1953 (9) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... h was decreed ex parte on February 10, 1949. But though the suit was decreed ex parte and no issue was raised as to the nature of the tenancy, the learned Munsif made an observation that the defendants were thika tenants and that the decree would be subject to the provisions of the Thaka Tenancy Ordinance. It may be mentioned here that the Thika Tenancy Ordinance, 1948, did not stay any pending suit but stayed the execution of decrees and orders for ejectment of thika tenants, provided that within 30 days from the date of the decree or order the tenant deposited into court the arrears of rent decreed together with costs. 4. The Calcutta Thika Tenancy Act, 1949, came into force on February 28, 1949, and Section 28 thereof provided for rescinding or varying of decrees or orders passed for ejectment of thika tenants in certain circumstances. 5. The defendant petitioners deposited on March 9, 1949, the amount of rent and costs decreed by the Munsif ex parte on February 10, 1949, and at the same time filed an application under Section 28 of the Calcutta Thika Tenancy Act for rescinding the decree for ejectment. This application was contested by the plaintiff opposite-parties on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mending Act of 1953, and come to our own conclusion on the point. He has sought to rely upon Section 8 of Bengal General Clauses Act, 1899, and has urged that in view of Section 8, the repeal of Section 28 cannot affect the right which the petitioners acquired thereunder and cannot also affect the legal proceedings in respect of such right. Section 8, however, makes the proviso that this shall be the effect of a repeal unless a different intention appears from the terms of the new Act or amending Act. Section 1(2) of the Calcutta Thika Tenancy Amendment Act, 1953, contains the following provisions: Provided that the provisions of the Calcutta. Thika Tenancy Act, 1949, as amended by this Act, shall, subject to the provisions of Section 9, also apply and be deemed to have always applied to all suits, appeals and proceedings pending (a) before any Court, or (b) before the Controller, or (c) before a person deciding an appeal under Section 27 of the said Act, on the date of commencement of the Calcutta Thika Tenancy (Amendment) Ordinance, 1952. 10. Section 9 of the Amending Act of 1953 refers to proceedings started under Section 5(2) of the Calcutta Thika Tenancy Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion of some sections of the original Act made by Sections 6 and 8 of the amending Act. In this connection, it may be pointed out that the preamble of the Amendment Act of 1953 runs as follows: Whereas it is expedient to amend the Calcutta Thika Tenancy Act, 1949, for the purposes and in the manner hereinafter appearing: In this preamble the term 'to amend' necessarily includes the omissions made by Sections 6 and 8 of the amending Act. The learned Advocate for the petitioners has urged that we should not look to the preamble for interpreting words used in the body of the Act. If however there is some obscurity in the words in the body of the Act, the terms of the preamble may be looked into. Moreover, even apart from the preamble, we must give to the term 'amended' its natural meaning as altered by additions, substitutions and omissions' when the term is used in connection with a bill or enactment. 13. It has to be considered in view of the above meaning of the term 'amended' whether it necessarily follows the proceedings under Section 23 are incompetent since 14-3-53 when the Amendment Act came into force, or in view of the terms of Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in which appeals or proceedings are not pending. ............ Clause 1, Sub-clause (2) of the Bill will protect all pending suits, appeals and proceedings. So that you will see that if any proceeding was started or any appeal was filed from a decree which was passed before the Act, those are protected. (Official Report, West Bengal Legislative Assembly, 2nd March 1953). 14. It is no doubt true that proceedings of the Legislature cannot ordinarily be looked into in making judicial construction of a statute, and the plain meaning of the language used must be adopted. When, however, there is any difficulty or ambiguity as to the interpretation of any section, there is no reason why assistance should not be obtained from discussions in the legislature as to the scope and intention of the legislation. It has been held that that the words of a remedial statute must be construed so far as they reasonably admit so as to secure that the relief contemplated by the statute is not denied to the class intended to be relieved. -- 'Raghuraj Singh v. Harkishan'. The discussions in the legislature may assist in ascertaining what is the relief contemplated by the statute and what is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... possible consequences or to give full, proper and clear expression to their underlying intention. The necessity of quick amendments of statute law is by itself sufficiently bad, but when such amendments again tend to fail in attaining their objectives and even tend to produce greater mischief than they suppress, the situation becomes confused, chaotic and almost hopeless. The result is a tremendous growth of unnecessary and ruinous litigation and the Court's time is largely wasted in struggling with ill-drawn legislative measures to give them a just and workable interpretation. 20. About three quarters of a century back, North, J. in the case of -- 'Wigram v. Fryer' (1887) 36 Ch. D. 87 (G), regretted that the intention of the Legislature would not clearly appear on the face of the language, used in the statute, but would have to be gleaned or deduced by interpretation. It is a very lamentable way of legislating , so remarked the learned Judge, that one should be driven to get at the meaning of these Acts by removing difficulties (as far as can be done) by construction rather than that the intention of the Legislature should be clearly expressed upon the face ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly clear that the language used in the relevant part of the statute is distinctly unhappy. Its meaning is not plain on the face of it and it is prima facie, at least, susceptible of an easy construction which does not convey its real import. The section, properly construed, affects pending proceedings not adversely against the thika tenant but to his advantage and sufficient reasons for this view have already been given by my learned brother. With those reasons I am in complete agreement. 26. It is true that the section -- or, rather, the relevant proviso, -- is not happily worked but, taking it at the worst against the petitioner, it is ambiguous or capable of two interpretations, one extending the benefits of the Amending Act to pending proceedings under Section 28 of the old or the original Act and the other totally uprooting the same and 'killing' them altogether. There can be no dispute also that the statute under consideration is a remedial statute. 27. The basis is thus laid for the application of the well-known rule of statutory interpretation that the words of a remedial statute must be construed so far as they reasonably admit so as to secure that the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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