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The decision of the Hon‟ble Apex Court was a law declared on the point that deposit of the full amount stated as the sale consideration together with further deposit of 10% was a precondition to filing an application under Section 8(1) of the West Bengal Land and Land Reforms Act, 1995. The conflicting legal position was clarified, interpreted, rectified and altered. The decision has a retrospective effect and will apply to pending proceedings."

12. In the present case, the learned trial judge, although, noted the decision of Barasat Eye Hospital (Supra) and recognized that the application for preemption was not filed along with the consideration money mentioned in the deed of sale along with 10% of the value set forth, illegally permitted the petitioner to deposit the same after conclusion of trial and within 30 days from the date of delivery of judgment. Such order was totally contrary to law and the decisions laid down by the Hon‟ble Apex Court and this court.