LAKSHMINARAYAN GUIN & ORS. vs NIRANJAN MODAK

The Supreme Court held that the West Bengal Premises Tenancy Act, 1956, Section 13(1) applies during the pendency of an appeal, allowing tenants to invoke its protections even after a trial court decree. The Court clarified that the term 'decree' in Section 13(1) refers to the final decree disposing of the suit, thus affirming that the appellate court must consider changes in law that benefit the tenant. The appeal was dismissed, upholding the High Court's decision to set aside the trial court's decree due to non-compliance with statutory notice requirements.