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--The dispute in this appeal is between the fishermen residing in nine villages of Kills Marichpur, a permanently settled zamindari in the Puri Collectorate (Orissa State) and the Raja of Aul, the owner of seven annas, seven pies, and ten karants share in the zamindari. The Judgment of the Court was delivered by MAHAJAN J . The doctrine of lost grant originated as a technical device to enable title to be made by prescription despite the impossibility of proving immemorial user and since it originated in grant, its owners, whether original or by devolution, had to be such persons as were capable of being the recipients of a grant.
(ii) sub-section (2) of s. 3 conferred no further or other powers than what were conferred by sub-s. (1) and the enumeration of certain matters in sub-s. (2) was merely illustrative, as such enumeration was "without prejudice to the generality of the powers conferred by sub-s. The Subordinate Judge held that even the land in Pattar Kalan was not shown to be ancestral by the evidence adduced on the side of plaintiff, as it was found that the common ancestor, Sehja Singh, had not only two sons called Jodha Singh and Jai Singh, but a third son named Pohlo, and that from the mere fact that the two sons enjoyed the land in equal shares, no presumption could arise that the property was ancestral and descended by inheritance from the common ancestor, when nothing was known about the share of the third son.
He recorded findings in favour of the plaintiff on the issues as to adoption and limitation, but he also held that the plaintiff had no locus standi to contest the validity of the adoption as the period of limitation 261 had expired long before he was born. In the result, the suit was dismissed. At the trial, it was admitted that the land situated in Kadduwal was not proved to be ancestral. In our opinion, the decision of the appeal depends solely on the construction of sections 12 and 50 of Act LVII of 1947.
Daphthary said in support of his contention in any way shakes that finding. The question to decide is whether the Bombay Rents, Hotel and Lodging House Rates Control Act, LVII of 1947, which was enacted on the 19th January, 1948, and which came into force on the 13th February, 1948, has applica- tion to 29 224 pending appeals or whether its retrospective effect is limited to cases mentioned in section 50 of the Act. The case must therefore be decided on the assump- tion that the respondents did not exercise the option given to them under the lease for its renewal.
The point whether the option of renewal was exercised according to the covenants of the lease is concluded by a concurrent finding of fact and nothing that Mr. We are also not impressed with the argument of the learned counsel for the appellants that the High Court wrongly reversed the finding of the trial Judge on the point that the respondents commit- ted breaches of the terms of the tease. We should not howev- er be taken to concur in all the reasons given by the High Court for reversing that finding.
13(1) is quite different from that of the expiry of a temporary statute or the repeal of a statute by a subsequent statute. On the expiry of a temporary statute no further proceed- ings can be taken under it unless the statute itself saved pending proceedings and if an offence had been committed under a temporary statute and proceedings were initiated but the offender had not been prosecuted and punished before the expiry of the statute, then in the absence of a saving clause the pending prosecution cannot be proceeded with after the expiry of the statute by efflux of time.
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