TMI Blog1984 (12) TMI 330X X X X Extracts X X X X X X X X Extracts X X X X ..... ome rooms in the said property on a monthly rental of ₹ 100-. The appellants filed a suit, out of which the present appeal arises, clairhing that the respondent was in arrears of rent which he refused to pay despite demand, and that the accommodation was required for demolition to enable the appellants to construct, separate houses for their own business. 3. The suit was resisted by the respondent who alleged that he had been let in by one Sishubala Bisayee, that the appellants had no title to the property and had fraudulently secured some documents from her which had given rise to a suit which was pending. It was also denied that the premises were old and needed to be demolished, and that the respondent was in arrears of rent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of the Transfer of Property Act, whereas the respondent urged that the appeal would necessarily be governed by the changed law. The same point arises before us. Upon the considerations which follow, we think that the High Court is right in upholding the contention of the respondent, and that this appeal must fail, 6. The suit was filed on June 12, 1967, and was decreed by the trial Court on February 17, 1969. During the pendency of the first appeal, the West Bengal Government extended the West -Bengal Premises Tenancy Act, 1956 to Memari, in which the property is situate. Section 13 of the Act provides for a qualified protection of the tenant against eviction inasmuch as it injects the Court from passing an order or decree in a landlo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court decree is said in law to merge in the appellate decree, and it is the appellate decree which rules. The object of Sub-section (1) of Section 13 is to protect the possession of the tenant, subject to the exceptions specified in the Sub-section, and that protection is ensured if we construe the Sub-section to mean that, subject to those exceptions, no effective or operative order or decree can be made by the Court in a landlord's suit for possession against a tenant. To our mind, therefore, Sub-section (1) of Section 13 of the Act can be invoked by a tenant during the pendency 'of an appeal against a trial Court decree. 8. The next point is whether Sub-section (1) of Section 13 can be invoked where the suit was instituted be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y a unanimous judgment the learned Judges held that the Sub-section applied to pending suits. In passing, it may be noted that the learned Judges expressed a degree of hesitation on whether a statutory injunction of that nature could be applied retrospectively to appeals against decrees already made. Buti any doubt on the point must be considered] to have been finally removed by this Court] when in Mst. Rafiquennessa v. Lal Bahadur Chetri [1964]6SCR876 another Bench of five Judges, which included J. C. Shah J. who was a member of the Bench in the earlier case, held on an interpretation of clause (a) of Sub-section (1) of the Assam Non-Agricultural Urban' Areas Tenancy Act, 1955, which prohibited the eviction of a tenant, that the stat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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