https://www.taxtmi.com/caselaws?id=171333 Where a trial court decree is carried in appeal and the appeal is disposed of on merits, the appellate decree becomes the operative and executable decree because the original decree merges into it. On that basis, the decree dated 8 January 1969 was treated as the relevant decree for execution. Section 17D of the West Bengal Premises Tenancy Act, 1956 applied only to decrees for recovery of possession passed before the commencement of the 1968 amendment, so it could not be invoked to set aside the appellate decree. The tenant's attempt to reopen the eviction decree therefore failed. en-us Wed, 01 May 1974 00:00:00 +0530 Fri, 25 Sep 2015 15:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171333 Where a trial court decree is carried in appeal and the appeal is disposed of on merits, the appellate decree becomes the operative and executable decree because the original decree merges into it. On that basis, the decree dated 8 January 1969 was treated as the relevant decree for execution. Section 17D of the West Bengal Premises Tenancy Act, 1956 applied only to decrees for recovery of possession passed before the commencement of the 1968 amendment, so it could not be invoked to set aside the appellate decree. The tenant's attempt to reopen the eviction decree therefore failed. Case-Laws Indian Laws Wed, 01 May 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171333