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Issues:
1. Jurisdiction of Civil Courts under the Berar Regulation of Agricultural Leases Act, 1951 and its subsequent amendments. 2. Applicability of Sections 16, 16A, and 16B of the Berar Regulation of Agricultural Leases (Amendment) Act, 1953 to pending proceedings. 3. Authority of the Revenue Officer to determine the status of a tenant under the Acts. 4. Interpretation of the word "whenever" in Section 16 of the 1953 Act. 5. Validity of the reference made by a Single Judge to the Revenue Officer under Section 16 of the 1951 Act. 6. Jurisdiction of the Letters Patent Bench to decide on the applicability of the 1953 Act to pending proceedings. Analysis: The case involved an appeal against a judgment of the High Court of Judicature at Bombay Nagpur Bench, where the plaintiff sought possession, damages, and mesne profits from the defendant, who claimed protection as a tenant under the Berar Regulation of Agricultural Leases Act, 1951. The Trial Court and the District Court initially held that the Civil Court had jurisdiction over the matter, despite the defendant's claim of being a protected tenant under the 1951 Act. The subsequent appeal raised questions regarding the jurisdiction of Civil Courts under the 1953 Act amendments and the authority of Revenue Officers to determine tenancy status. The High Court initially referred the matter to the Revenue Officer under Section 16 of the 1951 Act to decide the tenant status for the year in question. The Revenue Courts confirmed that the defendant was indeed paying rent to the plaintiff for the relevant period. The subsequent appeal to the High Court led to a detailed analysis of the applicability of Sections 16, 16A, and 16B of the 1953 Act to pending proceedings. The Letters Patent Bench ultimately held that the 1953 Act was not intended to affect pending proceedings, and Civil Courts retained jurisdiction over such matters. The Bench also addressed the issue of the Single Judge's reference to the Revenue Officer, concluding that it was within the Bench's authority to review the decision. The argument regarding the validity of raising new points in the appeal was dismissed, as the points had been previously raised before the Single Judges. The Bench affirmed the findings of the Trial Court and the District Court, holding that the appellant was not a tenant for the relevant year, thereby dismissing the appeal with costs. Overall, the judgment clarified the jurisdictional boundaries of Civil Courts under the agricultural lease Acts, emphasizing the importance of legislative intent in determining the applicability of amendments to pending proceedings and the authority of Revenue Officers in deciding tenancy disputes.
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