RAFIQUENNESSA vs LAL BAHADUR CHETRI (DEAD) THROUGH HIS REPRESENTATIVES AN

The Supreme Court held that the Assam Non-Agricultural Urban Areas Tenancy Act, 1955, Section 5, is retroactive, applying to leases executed prior to the Act's enforcement if the tenant built a permanent structure within five years of the lease. The Court determined that pending suits and appeals are governed by this provision, affirming the lower court's decision to allow the lessee's appeal based on the Act's protective intent for tenants. The Court concluded that the lessee was entitled to the benefits of Section 5, thus upholding the appellate court's ruling.