TRANSITIONAL PROVISIONSCentral

Section 205 of The Ajmer Tenancy and Land Records Act, 1950

(1)After the commencement of this Act, no court shall entertain any proceeding for the establishment or enforcement of a claim, prohibited by, or inconsistent with, the provisions of this Act, whether such claim arose before or after such commencement.
(2)A proceeding, in respect of any matter covered by this Act, pending in any civil or revenue court at the commencement of this Act shall, notwithstanding anything contained in section 169, be heard and decided by such court in accordance with the corresponding provisions of this Act, and if there is no such corresponding provision, it shall be quashed.
(3)Notwithstanding anything contained in this Act, the record of every case in which the proceeding is so quashed shall be submitted for confirmation in accordance with the provisions of section 183 by the court quashing the proceeding to the court to which it is immediately subordinate and the court to which the record is so submitted shall follow the procedure specified in section 184.

Summary

Courts are forbidden from hearing any claims that are inconsistent with the 1950 Act.
This rule applies whether the claim started before or after the law was passed.
Cases that were already in court when the Act began must now be decided using the Act's new rules.
If the new law does not have a matching rule for a pending case, that case must be quashed, which means it is ended immediately.
Records of any cases that are ended this way must be sent to a higher court to be confirmed.

Practical examples

1Gopal had a land case in court since 1949 based on an old local custom. When The Ajmer Tenancy and Land Records Act, 1950 started, the judge found the custom was banned. The judge had to end the case because it was inconsistent with the new law.

2In 1951, a landlord tried to file a new claim to charge a fee that the 1950 Act specifically prohibits. The revenue court refused to even look at the claim because Section 205 prevents courts from entertaining prohibited claims.

FAQ

1. What happens to a case that was already in progress when The Ajmer Tenancy and Land Records Act, 1950 became law?

Under Section 205 of the Act, the court must decide that case using the rules and provisions found within the 1950 Act itself.

2. Can a court hear a claim that is against the rules of The Ajmer Tenancy and Land Records Act, 1950?

No, Section 205 states that no court can entertain or start any proceeding for a claim that is prohibited by or inconsistent with this law.

3. What does the court do if a pending case has no matching rule in The Ajmer Tenancy and Land Records Act, 1950?

According to Section 205, if there is no corresponding provision in the new Act, the court must quash the proceeding and send the record to a higher court for confirmation.

Test yourself

Q1.Under Section 205 of The Ajmer Tenancy and Land Records Act, 1950, how must a court handle a case that was pending when the Act began?

Q2.What is the required action under Section 205 of The Ajmer Tenancy and Land Records Act, 1950 if a pending case has no matching rule in the new law?

Q3.Does Section 205 of The Ajmer Tenancy and Land Records Act, 1950 apply to claims that arose before the Act was passed?

Q4.Under Section 205 of The Ajmer Tenancy and Land Records Act, 1950, what must be done with the record of a quashed case?

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