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Lakshminarayan Guin & Ors vs Niranjan Modak on 3 December, 1984

8. The effect of the aforesaid amendment during the pendency of this appeal has made the application for pre-emption under Section 24 of the West Bengal Non-agricultural Tenancy Act infructuous, inasmuch as, on 18th July, 1983, the date of filing of application for pre-emption in this case, the respondent had no right to claim pre-emption under the West Bengal Non-agricultural Tenancy Act according to the said amendment. As laid down by the Apex Court in the case of Laxmi Narayan Guin v. Niranjan Modak, reported in AIR 1985 SC 111, an appeal is a continuation of the suit and notwithstanding the fact that the suit was decreed before enactment of the new law, such new law having been given retrospective operation from a date prior to the filing of the present proceedings for pre-emption, the same should be disposed of in accordance with the new law.
Supreme Court of India Cites 16 - Cited by 105 - R S Pathak - Full Document
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