Summarize the following court judgment. Civil Appeal No. 303 of 1956. Appeal from the judgment and decree dated February 7	 1955	 of the Calcutta High Court in Appeal from Appellate Order No. 102 of 1953	 arising out of the judgment and decree dated August 6	 1953	 of the Subordinate Judge	 Second Court of Zillah	 Howrah	 in Misc. Appeal No. 231 of 1953. G.	 section Pathak	 P. K. Chakravarty and B. C. Misra	for the appellant. B. Sen	 section N. Mukherjee and P. K. Bose	 for the respondent. April 20. The Judgment of the Court was delivered by DAS GUPTA	 J. In Calcutta and its suburb Howrah there have existed for many years precarious tenancies popularly known as Thika tenancies	 the characteristic feature of which is that the tenant 580 takes lease of the land only and erects structures thereon at his own expense; where there is already a structure on the land the tenant acquires these structures by purchase or gift but takes the land on which the structure stood in tenancy. With the influx of population into these areas that followed the partition of India the position of these Thika tenants became even more insecure than before. With the sharply rising demand for accommodation the landlords found it possible and profitable to put pressure on these Thika tenants to increase their rents or to evict them so that other tenants who would give more rents and high premiums might be brought in. With a view to give some protection to these Thika tenants against eviction and in certain other matters	 the West Bengal Legislature enacted in 1949 an Act called the Calcutta Thika Tenancy Act (hereinafter referred to as " the Act "). Some features of the protection afforded by this legislation which deserve mention are that ejectment could be had only on one or more of the six grounds specified in section 3 of the Act; special provisions as regards notice for ejectment were made in section 4; in the same section provision was also made about payment of compensation as a necessary pre requisite for ejectment in certain cases. Section 6 provides that no orders for ejectment on the grounds of arrears of rent shall be executed if the amount of arrears together with costs of proceedings and damages that may be allowed were deposited within 30 days from the date of the order. Not content with giving such protection only in suits and proceedings for eviction that might be instituted by the landlord in future the Legislature in the 29th section of this Act provided that even in suits and proceedings which had already been instituted and were pending for disposal on the	 date when the new law came into force	 this now law will be applicable	 except the provisions as regards notice in section 4. In the 28th section of the Act the Legislature went further and provided that even where the decree or order for recovery of possession had been obtained by the landlord against a Thika tenant but possession had not been actually recovered	 courts will have the power to re open the matter and 581 if the decree or order is not in conformity with the beneficent provisions of the Act either to rescind the decree or order altogether or to vary it to bring it into such conformity. Section 28 with which we are specially concerned in this appeal is in these words: " Where any decree or order for the recovery of possession of any holding from a Thika tenant has been made before the date of commencement of this Act but the possession of such holding has not been recovered from the Thika tenant by the execution of such decree or order	 the court by which the decree or order was made may	 if it is of opinion that the decree or order is not in conformity with any provision of this Act other than sub section (1) of section 5 or section 27	 rescind or vary the decree or order in such manner as the Court may think fit for the purpose of giving effect to such provision and a decree or order so varied by any Court shall be transferred to such Court to the Controller for execution under this Act as if it were an order made under and in accordance with the provisions of this Act. " The new law however failed to achieve its object for some years as the Courts interpreted the definition of Thika tenant in the Act in such a manner that speaking generally no tenant was able to establish its requirement. To remedy this the Governor of West Bengal enacted on October 21	 1952	 an Ordinance by which the definition of Thika tenant was revised and a few other amendments of the Act were made. The special protection given under sections 28 and 29 of the Act to tenants against whom decrees or orders had been obtained or against whom cases were pending was however kept intact. The Ordinance by its section 5 extended such special protection also to tenants whose cases were pending before a court on the date of the commencement of the Ordinance and those against whom decrees or orders had been made after the date of the Act and before the date of the Ordinance but possession had not been obtained. In 1953 the West Bengal Legislature enacted the Calcutta Thika Tenancy Amendment Act	 1953	 revising permanently the definition of Thika tenant and making some	 other 76 582 and 29 of the Original Act were omitted. The principal question before us in this appeal is whether the provisions of section 28 could be applied by a Court in a case where an application had been made by a tenant for relief under that section and such application was pending for disposal on the date the omission became effective	 by reason of the Amend ment Act coming into force. The decree for possession with which we are concerned in this case was made as far back as August 8	 1941	 by a Munsif in Howrah. The tenant 's appeal was dismissed on April 9	 1943. On February 28	 1949	 on which date the Calcutta Thika Tenancy Act of 1949 came into force	 proceedings for the execution of the decree of ejectment were pending in the Munsif 's Court. On March 19	 1952	 when these proceedings were still pending the tenant made an application to the Court which had passed the decree praying that the decree may be rescinded or varied in accordance with the provisions of section 28 of the Act. This application came up for hearing before the Munsif on July 7	 1953. In the meantime the Amendment Act of 1953 had come into force and the omission of section 28 of the Act had become effective. The learned Munsif held that section 28 of the Act being no longer in force he had no power to give the tenant any relief in accordance with the provisions thereof. In that view he dismissed the application. The tenant 's appeal to the District Judge	 Howrah	 having been rejected	 he preferred a second appeal to the High Court. The learned judges of the High Court who heard the appeal agreed with the courts below on a construction of section 1(2) of the Amendment Act that section 28 was not applicable to the proceedings commenced by the tenant by his application for relief and dismissed the Against that decision the tenant has filed the present appeal before us on a certificate of fitness granted by the High Court. The decision of the question raised in this appeal	 viz.	 whether this tenant who had applied for relief 583 under section 28 when that section was in force is entitled to have his application disposed of in accordance with the provisions of that section though it remained undisposed of on the date the Amendment Act came into force	 depends on the interpretation of section 1	 sub section (2) of the Amendment Act. This section is in these words: "It shall come into force immediately on the Calcutta Thika Tenancy (Amendment) Ordinance	 1952	 ceasing to operate: Provided that the provisions of the Calcutta Thika Tenancy Act	 1949	 as amended by this Act	 shall	 subject to the provisions of section 9	 also apply and be deemed to have always applied to all suits	 appeals and proceedings pending (a) before any Court	 or (b) before the Controller or (c) before a person deciding an appeal under section 27 of the said Act	 on the date of the commencement of the Calcutta Thika Tenancy (Amendment) Ordinance	 1952. " It is obvious and indeed undisputed that but for any difficulty that may be placed in the tenant 's way by these provisions the tenant would in view of the provisions of section 8 of the Bengal General Clauses Act be entitled to have his application for relief under section 28 of the original Act disposed of as if section 28 still continued. If however a contrary intention has been expressed by the Legislature in its amending Act the contrary intention would prevail. What we have to decide is whether in section 1	 sub section (2)	 the Legislature has clearly expressed an intention that no relief under section 28 of the original Act shall be given in cases like these. The principles that have to be applied for interpretation of statutory provisions of this nature are well established. The first of these is that statutory pro. visions creating substantive rights or taking away substantive rights are ordinarily prospective; they are retrospective only if by express words or by necessary implication the Legislature has made them retrospective; and the retrospective operation will be limited 584 only to the extent to which it has been so made by express words	 or by necessary implication. The second rule is that the intention of the Legislature has always to be gathered from the words used by it	 giving to 	the words their plain	 normal	 grammatical meaning. The third rule is that if in any legislation	 the general object of which is to benefit a particular class of persons	 any provision is ambiguous so that it is capable of two meanings	 one which would preserve the benefit and another which would take it away	 the meaning which preserves it should be adopted. The fourth rule is that if the strict grammatical interpretation gives rise to an absurdity or inconsistency such interpretation should be discarded and an interpretation which will give effect to the purpose the Legislature may reasonably be considered to have had will be put on the words	 if necessary	 even by modification of the language used. In applying these principles to the interpretation of section 1(2)	 it is necessary first to consider a contention that has been raised by Mr. Pathak on behalf of the appellant that the phrase " as amended by this Act " qualifies the word " provisions ". If this be correct	 the meaning of the proviso will be that only those provisions of the Act which have been amended by the Act shall apply and be deemed to have applied always to pending proceedings. This will become meaningless	 the argument continues	 if the word " amended " is interpreted to include omissions. For it makes no sense to say that a provision which has been omitted shall apply. So	 it is argued	 the word " amended " should be interpreted to mean only amendment by additions or alterations and not an amendment by omissions. The result of the proviso	 the appellant 's counsel contends	 is to make applicable to pendinn proceedings the altered provisions in place of old provisions but to say nothing as regards such provisions which have been omitted. We are unable to see how it is possible	 unless rules of grammar are totally disregarded to read the words as amended by this Act " as to qualify the word provisions. " If ordinary grammatical rules are applied there is no escape from the conclusion that 585 the adjectival phrase " as amended by this Act " qualifies the proximate substantive	 viz.	 the Calcutta	 Thika Tenancy Act	 1949. There is no escape from the conclusion therefore that what the Legislature was saying by this was nothing more or less than that the provisions of the amended Thika Tenancy Act shall apply. Mr. Pathak argued that if that was what the Legislature wanted to say	 it was reasonable to expect it to use the words " The Thika Tenancy Act	 1949	 as amended by this Act	 in the proviso; and there was no reason for the use of the words  the provisions of the Thika Tenancy Act ". We are not impressed by this argument. The Legislature might certainly have used the language as suggested by the learned counsel	 and as be says	 that would have meant an economy of words. But where there are two ways of saying the same thing it is useless to speculate why one way was adopted in preference to the other. It is not unusual to find draftsmen using the words " provisions of the Act " in many statutes where the words " the Act " would have been adequate; and it would be unreason. able to try to read too much in the use of the words " the provisions of the Thika Tenancy Act " instead of " The Thika Tenancy Act " in the proviso. Even so the learned counsel contends	 there is no reason to read " amendments " ' so as to include omissions. The word " amendment "	 he has submitted is sometimes used in the restricted sense of "addition" or " a alteration" as distinct from omission; and he asks us to read the word " amended " in the proviso	 to mean only alterations or additions in the statute	 and as not including omissions. It is unnecessary for us in the present case to express any opinion on the general question whether in certain context the word " amended " should be interpreted so as to exclude omissions. What is clear however is that the present is not one of such cases. The amendment Act itself was being called the Calcutta Thika Tenancy (Amendment) Act	 1953. The preamble says " whereas it is expedient to amend the Calcutta Thika Tenancy Act	 1949 ". Section 2 of this amendment Act substitutes a new clause for the old el. (5) of section 2; section 3 adds some words to el. (1) and section 3(b) omits some words in cl. (4) and 586 again adds some words to cl. (5) of section 3 of the Act. Section 4 omits certain words of sub section (1) of section 5. Section 5 substitutes some new words in place of certain words in the original sub sections (1) and (2) of section 10 of the Act. Section 6 omits one section of the original Act	 viz.	 section 1 1 ; section 7 inserts some words in the original section 27 ; section 8 omits two sections	 viz.	 sections 28 and 29 ; the last section	 section 9 provides for the continuance of proceedings under section 5	 sub section (2) of the Amendment Ordinance if sub sections (2)	 (3) and (4) thereof were in force. Reading the Amendment Act as a whole there can be no doubt that the Legislature in. using the word " amended " in the proviso to sub section (2) of section 1 sought to make no distinction between amendment by additions	 alterations or omissions. It is clear when certain words or sections have been added	 altered or omitted by the Amendment Act	 the Calcutta Thika Tenancy Act	 1949	 took on a new shape with some added features	 some altered features and minus those features which have been omitted. What the proviso says is that the Calcutta Thika Tenancy Act in its new shape shall apply and shall be always deemed to have applied to proceedings pending before a Court	 a Controller or an appellate authority under section 27 on the date of the commencement of the Thika Tenancy Amendment Ordinance	 1952. As the application which the appellant had made for relief under section 28 of the Tenancy Act was pending for disposal before the Munsif 's court on October 21	 1952	 the date of the commencement of the Calcutta Thika Tenancy (Amendment) Ordinance	 1952	 the position which cannot be escaped is that the Thika Tenancy Act of 1949 without the provisions as regards relief to tenants against whom decrees had been obtained on the date of the commencement of the original Act but possession had not been actually recovered would be applied to pending applications. In other words	 though the application originally was for relief under section 28 no such relief could be granted	 the section having ceased to exist retrospectively. It is helpful to remember in this connection the fact that while section 28 of the original Act was giving certain tenants a right to relief which they would have had if 587 the beneficent provisions of the new Act were available to them during the disposal of the suits the manner in which the right is given is by conferring on courts a power to rescind or vary decrees or orders to bring them into conformity with the provisions of the	 Act. As soon as section 28 was omitted the courts ceased to have any such power. The effect of the proviso in its strict grammatical meaning is that the courts shall be deemed never to have had this power in respect of applications which were still pending. The inevitable result is that the Court having been deprived of the power to give relief even in respect of applications made at a time when the power could have been exercised	 was bound to dismiss the applications. There can be no doubt that this is an unfortunate result. It may very well be true that if as a result of the Amendment Act	 many tenants are deprived of the benefit of section 28	 this will be mainly because of the Court 's inability to dispose of the applications before the Amendment Act came into force and not for any default on their part. Mr. Pathak has repeatedly stressed this and has asked us to construe section 1 (2) in a way that would retain the benefits of section 28 to tenants whose applications remained to be disposed of on the crucial date. He has in this connection emphasized the fact that the Amendment Act itself is a piece of beneficent legislation and that the amendments made by sections 2	3	 5 and 9 all extend to tenants benefits to which they would not have been entitled under the original Act. This extension of further benefits to tenants	 he says	 is a guiding principle of the amending legislation. He points out also that except as regards such pending applications under section 28 the effect of section 1(2) of the amending Act will be to give the extended benefits to tenants in pending	 proceedings. It will be incongruous	 he argued	 that while all tenants stand to benefit by the amending legislation only those whose applications under section 28 have	 for no fault of theirs	 remained pending would be deprived of the benefit they would have had but for the omission in the amending Act	 of section 28. It is difficult not to feel sympathy for these tenants. As we have already mentioned it is a sound 588 rule of interpretation of beneficent legislation that in cases of ambiguity the construction which advances the beneficent purpose should be accepted in preference to the one which defeats that purpose. In their anxiety to advance the beneficent purpose of legislation courts must not however yield to the temptation of seeking ambiguity when there is none. On a careful consideration of the language used by the Legislature in section 1(2) we are unable to see that there is any such ambiguity. The language used here has one meaning only and that is that the Act in its new shape with the added benevolent provisions	 and minus the former benevolent provisions in section 28 has to be applied to all pending proceedings	 including execution proceedings and the proceedings pending under section 28 of the original Act on October 21	 1952. There is therefore no scope for applying in this case the principles of interpretation which are applicable in cases of ambiguity. Nor is it possible to agree with Mr. Pathak 's last contention that the strict grammatical interpretation would result in an absurdity or inconsistency. It is urged that it is unthinkable that the Legislature when undertaking a legislation to help tenants would do anything to deprive them of the existing benefits under section 28. It is in our opinion useless to speculate as to why the Legislature thought it right to take away the benefit. One reason that suggests itself is that the Legislature might have thought that where landlords had already been deprived of the fruits of the decrees they had obtained for a long period from the date when the original Act came into force up to the time when the Amendment Act came into force	 it would not be right to continue that deprivation. But whatever the reasons may be the fact remains that the Legislature has used words which in their normal grammatical meaning show that they intentionally deprived this class of tenants	 viz.	 those whose applications under section 28 of the Act were undisposed of on the date the Ordinance came into force	 and remained undisposed of	 even when the Amendment Act came into force. We have therefore come to the conclusion that the view taken by the High Court in this case that the 589 effect of section 1(2) of the Calcutta Thika Tenancy (Amendment) Act	 1953	 is that all pending applications under section 28 of the original Act must be dismissed is correct. The contrary view taken by the same High Court in Deorajan Debi vs Satyadhan Ghosal (1) and other cases is not correct. Before we part with this appeal	 however	 it is our duty to refer to one incidental matter. We have noticed with some regret that when the earlier decision of two judges of the same High Court in Deorajan 's Case was cited before the learned judges who heard the present appeal they took on themselves to say that the previous decision was wrong	 instead of following the usual procedure in case of difference of opinion with an earlier decision	 of referring the question to a larger Bench. Judicial decorum no less than legal propriety forms the basis of judicial procedure. If one thing is more necessary in law than any other thing	 it is the quality of certainty. That quality would totally disappear if judges of co ordinate jurisdiction in a High Court start overruling one another 's decisions. If one Division Bench of a High Court is unable to distinguish a previous decision of another Division Bench	 and holding the view that the earlier decision is wrong	 itself gives effect to that view the result would be utter confusion. The position would be equally bad where a Judge sitting singly in the High Court is of opinion that the previous decision of another single Judge on a question of law is wrong and gives effect to that view instead of referring the matter to a larger Bench. In such a case lawyers would not know how to advise their clients and all courts subordinate to the High Court would find themselves in an embarrassing position of having to choose between dissentient judgments of their own High Court. As far as we are aware it is the uniform practice in all the High Courts in India that if one Division Bench differs from an earlier view on a question of law of another Division Bench	 a reference is made to a larger Bench. In the Calcutta High Court a rule to this effect has been in existence since 1867. It is unfortunate (1) 77 590 that the attention of the learned judges was not drawn in the present case to that rule. But quite apart from any rule	 considerations of judicial propriety and decorum ought never to be ignored by courts in such matters. On the merits	 as we have found that the view of law taken by the High Court in this case is correct	 the appeal is dismissed. In view however of the uncertainty that was in the law as regards the applicability of section 28 to proceedings pending on the commencement of the Thika Tenancy Ordinance	 1952	 we order that the parties will bear their own costs. Appeal dismissed.

With a view to give protection to Thika tenants against eviction and in certain other matters	 the West Bengal Legislature enacted the Calcutta Thika Tenancy Act	 1949. That Act was amended by the Calcutta Thika Tenancy Amendment Act	 1953	 which omitted section 28 of the Act. The question for decision in the appeal was whether the appellant against whom proceedings for execution of a decree for ejectment was pending	 who had applied for relief under section 28 when that section was in force	 was entitled to have his application disposed of in accordance with the provisions of section 28	 which had ceased to exist retrospectively though it remained undisposed of on the date the Amendment Act came into force: Held	 that section 1	 sub section (2) of the Calcutta Thika Tenancy Act 1953	 clearly intended that no relief under section 28 of the original 579 Act should be given in cases pending for disposal on the date the amendment became effective and section 28 ceased to exist retrospectively. The principles applicable to interpretation of statutes are four fold in nature	 (1)such statutory provisions as create or take away substantive rights are ordinarily prospective ; they can be retrospective if made so expressly or by necessary implication and the retrospective operation must be limited only to the extent to which it has been so made either expressly or by necessary implication	 (2)the intention of the legislature has to be gathered from the words used by it	 giving them their plain	 normal	 grammatical meaning	 (3)if any provision of a legislation the purpose of which is to benefit a particular class of persons is ambiguous so that it is capable of two meanings the meaning which preserves the benefit should be adopted. 	 (4)If the strict grammatical interpretation gives rise to an absurdity or inconsistency	 such interpretation should be discarded and an interpretation which will give effect to the purpose will be put on the words	 if necessary	 even by modification of the language used: Held	 also	 that judicial decorum ought never to be ignored. Where one Division Bench or a judge of a High Court is unable to distinguish a previous decision of another Division Bench or another Single judge and holds the view that the earlier decision was wrong	 the matter should be referred to a larger Bench to avoid utter confusion. Deorajan Devi vs Satyadhan Ghosal	 	 overruled.