Bengal Tenancy (Second Amendment) ACT, 1939
Bengal Act 13 of 1939
[24th August, 1939]Repealed in Part : Bengal Act No. 16 of 1946. Amended : Bengal Act No. 18 of 1940. Adapted The Adaptation of Laws Order, 1950. An Act further to amend section 52 of the Bengal Tenancy Act, 1885. Whereas it is expedient further to amend section 52 of the Bengal Tenancy Act, 1885, in the manner hereinafter appearing; It is hereby enacted as follows : 1. Short title. — This Act may be called the Bengal Tenancy (Second Amendment) Act, 1939. 2. Repealed by section 3 and the Second Schedule to the Bengal Repealing and Amending Act, 1946 (Bengal Act No. 16 of 1946). 3. Application.— (1) Notwithstanding anything contained in any other law —
(a) the provisions of section 52 of the Bengal Tenancy Act, 1885, as amended by this Act shall apply to all suits instituted thereunder on or after the date of the commencement of this Act, and also, subject to such conditions as may be prescribed, to all suits under clause (a) of sub-section (1) of that section which are pending on the said date, and(b) if a decree has been passed on or after the twenty-seventh day of August, 1937, and before the commencement of this Act in a suit under the said clause, the Court shall, on application accompanied by the prescribed fee and made within one year from the commencement of this Act by a tenant against whom such decree has been passed, set aside the decree and restore and rehear the suit in the prescribed manner and in accordance with the provisions of the said section as amended by this Act. (2) In this section "prescribed" means prescribed by rules made by the State Government hereunder.