JUDGMENT S.N. Phukan, C.J. –In this writ petition under Articles 226 and 227 of the Constitution the petitioners have challenged two orders namely the order dated 19th April, 1978 passed by the Collector Solan (Annexure P-2) . and the order dated 24th February, 1982 passed by; the Financial Commissioner (Annexure P-5). 2. It may be stated that the present writ petition was allowed by a Division Bench of this Court by an order dated 29th June, 1993 but this order was recalled by sin order dated 21st April, 1994 passed in Civil Review No. 28 of 1993 and the writ petition was restored. Thereafter the matter was heard by us. 3. According to the petitioners, Chet Ram respondent No. 1 on 7th June 1970 got a decree for recovery of arrears of rent for six crops, namely Rabi 1967 to Kharif 1969 against the present petitioners and one Bhalku. The decree was for Rs. 1037 58 P. and the area of the land was 13 Bighas and 3 Biswas comprised in khasra Nos. 7, 10, 16. 17 min, 25, 3i, 42 47 min and 61 situate in village Kamthan-Kalan, Fargana Lachhrang, Bhoj Kot, Tehsil Kandaghat, District Solan The petitioners were non-occupancy tenants under Chet Ram, respondent No. 1 on payment of l/3rd produce as rent. The suit was contested by the present petitioners as well as Bhalku who died subsequently. The judgment of the revenue court I. e. Assistant Collector, 1st Grade, Kandaghat is at Annexure P-L It is pertinent to mention that the above order was passed under the Punjab Tenancy Act, 1887 which was in force in the area in question at the relevant time As the decree remained unsatisfied, respondent No. 1 filed an application under section 38 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (for short "the Act") which came into force subsequent to the above order dated 30th October, 1972, Annexure P-l, praying for ejectment of the tenants as provided under section 39 of the Act. The tenants-petitioners filed objections against the said proceedings which were rejected. On l1th January, 1978, an order of ejectment under section 39 of the Act was passed on the ground that the petitioners had failed to satisfy the decree for arrears of rent. The tenants-petitioners filed objections against the said proceedings which were rejected. On l1th January, 1978, an order of ejectment under section 39 of the Act was passed on the ground that the petitioners had failed to satisfy the decree for arrears of rent. An appeal was laid under the Act before the Collector Solan who by his order dated 19th April, 1978 vide Anaexure P-2, upheld the order of eiectment on the ground that the decree for arrears of rent has remained unsatisfied. Thereafter, the tenants petitioners filed a revision petition before the Divisional Commissioner who by his order dated 3rd March, 1980 vide Annexure P-4 recommended to the Financial Commissioner —respondent No. 3 for accepting this revision, However, the Financial Commissioner by the impugned order dated 24th February, 1982 vide Annexure P-5 did not accept the said recommendation and accordingly the revision petition was dismissed. During the pendency of the proceedings before the revenue courts, the petitioners were dispossessed by respondent No, 1 through revenue authorities on the strength of the order for ejectment. Hence, the present writ petition 4. Respondent No. 1 through his reply affidavit has supported both the impugned orders by urging that the Financial Commissioner was right in coming to the conclusion that the ejectment order was rightly and properly passed. 5. In the case in hand it is not disputed that the petitioners were occupying the suit land prior to their ejectment as non-occupancy tenants and before coming into force of the Act, H is also not disputed that the decree for arrears of rent was passed by the Assistant Collector, 1st Grade, Kandaghat on 30th October, 1972. The Act was published in the Rajpatra on 21st February, 1974, As per sub-section (3) of section 1 of the Act, it was to come into force at once i. e. from the date of its publication in the Rajpatra but the Rules, namely, the Himachal Pradesh Tenancy and Land Reforms Rules, 1975 were notified only on 3rd October, 1975. 6. 6. The main thrust of the argument of the learned Counsel for the petitioners is that under section 104 of the Act, more particularly sub-section (3), all rights, title and interest over the suit land have vested in the tenants free from all encumbrances and, therefore, the order of eviction which was passed subsequent to the coming into force of the Act is non-est in law though it is not disputed that a decree for arrears of rent passed under the Punjab Tenancy Act has not yet been satisfied. 7. On the other hand, learned Counsel for respondent No. 1 has urged that though by section 126 of the Act, the Punjab Tenancy Act, 1887 has been repealed but in view of the saving clause contained in section 127 of the Act, a decree passed for the arrears of rent is still alive and, there fore, the landlord-respondent No. 1 can obtain a decree for ejectment for non-payment of arrears of rent under the provisions of the Act or in the alternative under the provisions of the Punjab Tenancy Act. 8. 8. Sub-sections (1) and (3) of section 104 and section 127 of the Act reads: "104 Right of tenant other than occupancy tenant to acquire interests of fandowner.—(1) Notwithstanding anything to the contrary contained in any law, contract, custom or usage for the time being in force, on and from the commencement of this Act, if the whole of the land of the landowner is under non-occupancy tenants, and if such a landowner has not exercised the right of resumption of tenancy land at any time since January 26, 1955, under any law as in force: (i) Such a landowner shall be entitled to resume before the date fo be notified by the State Government in the official Gazette and in the manner prescribed, either one and a half acres of irrigated land or three acres of unirrigated land under tenancy from one or more than one tenants for his personal cultivation and the right, title and interest (including contingent interest, if any) of the tenant or tenants, as the case may be, therefrom shall stand extinguished free from all encumbrances created by the tenant or tenants to that extent: Provided that if the tenant has taken loan from the State Government, a co-operative society or a bank for the improvement of tenancy land which the landowner has resumed under Clauses (i) and (ii) and has used such loan for improvement of such land, then the landowner shall be liable to repay the outstanding amount of such loan and to the extent actually used for the said purpose and interest thereon to the State Government or to the cooperative society or a bank, as the case may be, proportionate to the improved land resumed by him : Provided further that the landowner shall not be entitled to resume from a tenant more than half of the tenancy land ; (ii) in case the landowner holds less than one and a half acres of irrigated land or three acres of unirrigated land in his personal cultivation, he shall be entitled to resume tenancy land only to make up the land under his personal cultivation to the extent of one and a half acres of irrigated land or three acres of unirrigated land, as the case may be, subject to the other conditions laid down in this section ; (iii) the right, title and interest in the rest of the tenancy land of the landowner, who is entitled to resume land under Clauses (i) and (ii), shall vest in the tenant free from all encumbrances with effect from the date to be notified by the State Government in the official Gazette ; (iv) in case the land under the tenancy is partly irrigated and partly unirrigated and the landowner intends to resume land of both these classes, he shall be entitled to do so in the ratio and manner to be prescribed ; (v) in the event of any dispute between the landowner and the tenant with regard to the selection of the land for resumption, the first right of selection of land shall be that of the ^tenant who may exercise this right in the prescribed manner and before the date to be notified by the State Government in this respect in the official Gazette ; (vi) in case the tenant fails to exercise his right of selection of land by -the date notified under Clause (v), the Land Reforms Officer shall determine his share after giving the parties an opportunity of being heard. In such a case also, the tenant shall be given the first choice to select the land. (2) All rights, title and interest (including a contingent interest, if any) of a landowner other than a landowner entitled to resume land under sub-section (1) shall be extinguished and all such rights, title and interest shall with effect from the date to be notified by the State Government in the official Gazette vest in the tenant free from all encumbrances : Provided that if a tenancy, is created after the commencement of this Act, the provision of this sub section shall apply immediately after the creation of such tenancy. 127. Savings.—(1) The repeal of the enactments referred to in Clauses (a) and (b) of the last preceding section shall not affect their previous operation. (2) Subject to the provisions of sub-section (I), anything done or any action taken including any appointment, delegation or transfer made, notification, proclamation, order, instruction or direction issued, authorities and powers conferred, rights acquired and liabilities incurred, rule, regulation, form or scheme framed, date, time and place appointed and other things done, under the repealed Act or law shall— (a) be deemed to have been done or taken under the corresponding provisions, if any, of this Act ; (b) continue in force unless and until directed otherwise or superseded by anything done or any action taken under this Act by the State Government or by other competent authority. (3) Notwithstanding the repeal of the enactments mentioned in section 126, all suits, applications or other proceedings pending disposal at the commencement of this Act shall be disposed of in accordance with the provisions of the said Acts as if these Acts had not been repealed." 9. From reading section 127 of the Act we find that the repeal of the Punjab Tenancy Act shall not affect previous operation of the Act and any thing done or any action taken including any appointment, notification, proclamation, order etc. under the repealed Act shall be deemed to have been done or taken under the corresponding provision, if any, of this Act. 10. The object of the saving clause is settled inasmuch as a saving clause is like a proviso and cuts out an exception from the general operation of the statute. Such a saving clause is used to preserve the rights which a person may have acquired under the repealed law. 11. 10. The object of the saving clause is settled inasmuch as a saving clause is like a proviso and cuts out an exception from the general operation of the statute. Such a saving clause is used to preserve the rights which a person may have acquired under the repealed law. 11. Crawford in his interpretation of Laws, (1940), para 300 states a saving clause is used to exempt something from immediate interference or destruction, ft is generally used in repealing statutes in order to prevent them from affecting rights accrued, penalties Incurred, duties imposed or proceedings started under the Statutes sought to be repealed. 12. Generally, all laws operates prospectively unless it is otherwise stated in the Act itself. Therefore, a saving clause is inserted to protect the rights, liabilities and action taken under the repealed Act. 13. We may refer to the decision of the apex Court in Keshavan Mad hava Menon v. The State of Bombay, AIR 1951 SC 128, wherein it was held that it is well known that on expiry of a temporary statute no further proceedings can be taken under it, unless the statute itself saved pending proceedings and, therefore, if an offence had been committed under a temporary statute and the proceedings were initiated but the offender has not been prosecuted or punished before the expiry of the statute then in absence of any saving clause the pending prosecution could not be proceeded with after expiry of the statute by efflux of time. 14. We are of the considered view that from the above ratio, the opposite view is possible ; namely, if a person has acquired any right under the repealed law that right continues if there is a saving clause in the new statute, unless, of course, this right is contrary to the Scheme of the new Law, 15. In the case in hand, we find that in the Act similar provision for decree for ejectment is available namely, section 37 which, inter alia, provides that a tenant may be evicted in execution of a decree for ejectment when a decree for arrears of rent in respect of his tenancy has been passed and remained unsatisfied. In the case in hand, we find that in the Act similar provision for decree for ejectment is available namely, section 37 which, inter alia, provides that a tenant may be evicted in execution of a decree for ejectment when a decree for arrears of rent in respect of his tenancy has been passed and remained unsatisfied. Therefore, though respondent No. 1 obtained the decree for arrears of rent under the Punjab Tenancy Act that decree remains in force in view of the saving clause, namely, section 27 of the Act and the said decree can be executed by invoking the provisions of section 37 of the Act. Admittedly, the decree for arrears of rent obtained by respondent No. 1 against the present petitioners-tenants has not been satisfied, therefore, they are liable to be ejected under the provisions of the new Act and we, accordingly, hold that both the impugned orders at Annexures P-2 and P-5 were legally and validly passed, 16. Regarding application of sub-section (3) of section 4 of the Act we may state that entire section 104 of the Act has to be read as a whole, Sub-section (1) of section 104 of the Act gives a right to the landlord to exercise his option to resume the land. Subjection (3) of section 104 of the Act will apply after the landlord has exercised his option under subsection (1). As per the said sub-section the land shall vest in the tenant from the date to be notified and we find from Rule 27 of the Himachal Pradesh Tenancy and Land Reforms Rules, 1975 that the said date shall be from the date of commencement of the Rules, namely, 3rd October, 1975. As per the said sub-section the land shall vest in the tenant from the date to be notified and we find from Rule 27 of the Himachal Pradesh Tenancy and Land Reforms Rules, 1975 that the said date shall be from the date of commencement of the Rules, namely, 3rd October, 1975. Learned Counsel for respondent No. 1 has urged that question of exercising option under section 104 by the landlord does not arise in the case in hand as he has already obtained a decree of arrears of rent prior to coming into force of the Act and, therefore, consequences will follow under the new Act for not satisfying the above decree for arrears of rent, We find considerable force in this contention and we hold that in the case in hand the provisions of section 104 of the Act will not apply inasmuch as under the Punjab Tenancy Act, respondent No. 1 has obtained a decree for arrears of rent and it has not been satisfied 17. We may add here that in the case in hand the question of attracting the provisions of subjection (3) of section 104 of the Act does not arise inasmuch as the petitioners tenants have not acquired any right over the land in question in view of the earlier decree for arrears of rent under the Punjab Tenancy Act. Though, Mr. Sood, learned Counsel for the petitioners-tenants has urged that the relationship of landlord and tenants continued in the case in hand and, therefore, the above sub-section (3) shall apply, we are unable to agree with the contentions of the learned Counsel, inasmuch as there is already a decree for arrears of rent against the petitioners-tenants which has not been satisfied, as stated above. 18. For the reasons stated above, we do not find any merit in the present writ petition and accordingly it is dismissed. Costs on the parties. Writ dismissed.