Section 46. Saving of pending proceedings

46. Saving of pending proceedings .—(1) All suits and other proceedings cognizable by the Small Cause Court under this Chapter and pending in the high Court or the Bombay City Civil Court, on the date of coming into force of the Presidency Small Cause courts (Maharashtra Amendment) act, 1975 (Mah. XIX of 1976), shall be continued and disposed of by the High Court or the City Civil Court, as the case may be, as if this Act had not been passed. (2) All applications and other proceedings filed in the Small Cause Court under this Chapter and pending in that Court, on the date aforesaid, shall be continued and disposed of by the Small Cause Court, as if this Act had not been passed." [ Vide Maharashtra act XIX of 1976, s. 4] 46. Liability of applicant obtaining order when not entitled.— Nothing herein contained shall be deemed to protect any applicant obtaining possession of any property under this Chapter from a suit by any person deeming himself aggrieved thereby, when such applicant was not at the time of applying for such order as aforesaid entitled to the possession of such property. Application for order in such case an act of trespass.— And when the applicant was not, at the time of applying for any such order as aforesaid, entitled to the possession of such property, the application for such order, though no possession is taken thereunder, shall be deemed to be an act of trespass committed by the applicant against the occupant.