The Transfer of Property Act, 1882 does not apply to leases executed before it came into force.

ORDER :- This is a revision petition filed on behalf of the petitioner Sazro Govind Gadi under Section 8 (2) (b) of the Goa, Daman and Diu (Judicial Commissioner's Court) Regulation, 1963.

2. The facts broadly stated are that the petitioner was tenant of the property "Cajirtuv" owned by the respondent landlord with effect from 1961 at the annual rent of Rs. 440/-. This lease was for a period of 5 years. The petitioner committed default in payment of rent and also used the land for the purposes not authorised by the contract of lease executed. The respondent filed a suit for eviction of the petitioner. This suit was under the relevant provision of the Portuguese Civil Procedure Code. The learned Judge after considering the rival contentions in the pleadings recorded the following conclusions : (a) that there was a contract between the Plaintiff and the Defendant for commencing the tenancy of the property in dispute and that notes of the said contract were taken down by the Plaintiff and a copy whereof was annexed to the proceedings, (b) that according to the terms of the said contract the lease was for 5 years, (c) that the annual rent was of Rs. 450/- which was subsequently reduced to Rs. 440/- and which was payable in two instalments, (d) that the defendant had to pay the rent in two instalments, (e) that the defendant had to plant 50 coconut seedlings in the 1st year and 100 in the second, (f) that the defendant ought not to cultivate paddy in the property, (g) that the defendant had deposited Rs. 300/-with the plaintiff as guarantee and (h) that the defendant had failed to comply with (d), (e) and (f) above.

The learned Judge also came to the conclusion that the petitioner had no right to retain the property after the expiry of the period mentioned in the contract of lease and, in view of these conclusions, he held that the suit filed by the respondent was maintainable and he granted the relief prayed for, namely, eviction of the petitioner from the land leased to him. The petitioner felt aggrieved by this decision of the learned Judge and accordingly he filed a "reclamacao". This 'reclamacao' was also rejected by the learned Judge.

3. Shri Colvalcar, learned Counsel for the petitioner, raised two questions in this revision petition - (1) that by virtue of combined operation of Sections 4, 8 (1) and 58 (2) read with Section 2 (11) (i) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964, the learned Judge was barred from entertaining the suit for eviction and (2) that the Transfer of Property Act 1882 haying been brought in force in this territory with effect from 1st November, 1965, the respondent landlord was bound to comply with the provisions of Section 114A and since he failed to do so therefore the suit should have been dismissed. As regards the first point it will appear from the decision of the learned Judge that this contention was also raised before the learned Judge but Shri Colvalcar did not press it. In this view of the matter Shri Colvalcar cannot be permitted to reagitate this point in this revision.

There remains the second point for consideration. As, stated earlier, the Transfer of Property Act came into force in November, 1965. The contract of lease admittedly was executed under the relevant provisions of the Portuguese law in 1961. The Transfer of Property Act operates prospectively. It cannot apply to the leases executed before this Act came into force. The parties acquired certain vested rights and incurred certain liabilities under the contracts of lease executed before this Act came into force and, in absence of any provision giving retrospective effect to this Act, such contracts would not be affected. It is argued by Shri Colvalcar that Section 114A is a provision of procedural nature and, therefore, it should apply to the leases executed before this Act came into force. This argument is without substance. The requirement of notice under this section would apply only to the leases executed under th

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