IBRAHIM BEAKY Vs. ABBOKARE BEAKY
HIGH COURT OF KERALA
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(1.) No error of law. We agree with the view taken in Krishna Bhatta v. Choma Bhatna 1966 KLT 823 . Under S.132 (4) (ii) (a) of Act I of 1964 all applications for determination of fair rent filed under Act 4 of 1961 in which no order determining fair rent has been made shall be deemed to have been filed under Act 1 of 1964 and shall be disposed of according to the provisions of that Act. And under S.34 of the Act an order determining fair rent shall take effect from the year in which the application was filed. S.132 (4) (ii) (a) enacts no fiction as to the year of the application. That remains the actual year and there is nothing in the deeming clause which says that what we might call a pending application must be deemed to have been filed after the Act came into force. If there were or if such words are to be read into it the very object of the S.132 (4) (ii) (a) which is to give retrospective operation to the provisions of the Act in so far as pending applications are concerned would be defeated.
We dismiss the petition with costs.;
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