NATHIA AGARWALLA & ANOTHER vs MUSST. JAHANARA BEGUM & OTHERS

The Supreme Court held that the protection under Section 5(1)(a) of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955, is not available in cases where a decree for ejectment has already been obtained. The Court clarified that the non-obstante clause does not extend to decrees already enforced, and thus, execution proceedings are not covered under the protection intended for pending suits. The appeal was dismissed, affirming the lower court's ruling that the appellants could not claim protection from eviction after a decree had been issued against them.