Pending appeals must apply current tenancy law, so tenant protection under the West Bengal Act was available.

The West Bengal Premises Tenancy Act, 1956 applied to a pending first appeal because an appeal is a continuation of the suit and the operative decree is the appellate decree. The appellate court was therefore required to apply the law in force at the time of its decision, even though the suit had been instituted and decreed before the Act was extended to the area. On that basis, the tenant could invoke the Act's protection at the appellate stage, and the eviction claim could not succeed. The shorter notice was also treated as non-compliant with Section 13(6) in consequence of the Act's application.

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Issues: Whether the tenant could invoke the protection of the West Bengal Premises Tenancy Act, 1956 in a pending first appeal although the suit had been instituted and decreed before the Act was extended to the area, and whether the landlord's suit for eviction was incompetent for want of the notice contemplated by Section 13(6).

Analysis: Section 13(1) bars a decree for recovery of possession except on the statutory grounds, and the expression used in the provision was read as referring to the decree that finally disposes of the litigation, namely the appellate decree where an appeal is filed. An appeal is a continuation of the suit, and when the decree is under challenge the appellate court must take account of the law as it stands at the time of its decision. The tenant's protection under the Act therefore became available at the appellate stage, even though the suit had been filed earlier. On the notice requirement, the High Court's view that the shorter notice failed to comply with Section 13(6) was accepted in consequence of the Act's application.

Conclusion: The protection of the West Bengal Premises Tenancy Act, 1956 applied to the pending appeal, and the eviction suit could not succeed; the contention of the respondent was upheld.

Final Conclusion: A subsequent change in the governing tenancy law was held to control the pending appeal, with the result that the landlord's decree for ejectment could not be sustained.

Ratio Decidendi: Where an appeal is pending, the appellate court must apply the law in force at the time of its decision, because the appeal is a continuation of the suit and the operative decree is the appellate decree.

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