OM PRAKASH AND ANR. vs JAI PRAKASH

The Supreme Court held that in a suit for recovery of benami property, if an appeal is pending at the time the Benami Transactions (Prohibition) Act, 1988 comes into force, the appellate court can consider subsequent legislative changes. The Court clarified that the appeal is a continuation of the suit, and thus, the defendants-appellants could challenge the High Court's decree despite the Benami Act's prohibition under Section 4. Ultimately, the Court ruled that the plaintiff-respondent was not entitled to a decree in such a suit, affirming the applicability of the Benami Act to ongoing proceedings.