The rights of the parties in a pending execution proceeding are to be decided according to the law in force at the time when the proceeding was commenced, unless the amending act affects the pending execution proceeding by express words or by necessary implication.

Judgment

BACHAWAT, J. : One S. N. Bhatnagar was the tenant of a building in a. slum area in Delhi under the respondents. On December 5, 1960, the respondents obtained a decree for eviction of the tenant. By this decree, the tenant was allowed time to vacate till March 2, 1963. On June 19, 1964, the respondents obtained the permission for the execution of the decree from the competent authority under S. 19 of the Slum Areas (Improvement and Clearance) Act, 1956, (Act No. XCVI of 1956). Section 19 as it stood before December 21, 1964 was in these terms :-

"19. 1. Notwithstanding anything contained in any other law for the time being in force, no person who has obtained any decree or order for the eviction of a tenant from any building in a slum area shall be entitled to execute such decree or order except with the previous permission in writing of the competent authority.

2. Any person desiring to obtain the permission referred to in sub-section (l) shall make an application in writing to the competent authority in such form and containing such particulars as may be prescribed.

3. On receipt of such application the competent authority, after giving an opportunity to the tenant of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall by order in writing either grant such permission or refuse to grant such permission.

4. Where the competent authority refuses to grant the permission it shall record a brief statement of the reasons for such refusal and furnish copy thereof to the applicant."

2. Before us, learned Counsel on both sides agreed that on or about July 22, 1964, the respondents applied for execution of the decree. The tenant filed objections to the execution application. The objections were dismissed on August 7, 1964. An appeal against this order was dismissed on March l9, 1965, and a revision petition to the High Court was dismissed on March 24, 1965. In the meantime the Slum Areas (Improvement and Clearance) Amendment Act, 1964 (Act No. XLIII of 1964) which came into force on December 21, 1964, substituted for Sectiol3 19 of the principal Act the following Section :-

"19. Proceedings for eviction of tenants not to be taken without permission of the competent authority- (1) Notwithstanding anything contained in any other law for the time being in force, no person shall, except with the previous permission in writing of the competent authority,-

(a) institute, after the commencement of the Slum Areas (Improvement and Clearance) Amendment Act, 1964, any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area, or

(b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or 1and in such area, execute such decree or order.

2. Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such form and containing such particulars as may be prescribed.

3.On receipt of such applications, the competent authority, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall by order in writing, either grant or refuse to grant such permission.

4. In granting or refusing to grant the permission under sub-section (3), the competent authority shall take into account the following factors, namely :-

(a) whether alternative accommodation within the means of the tenant would be available to him if he were evicted;

(b) whether the eviction is in the interest of improvement and clearance of the slum areas;

(c) such other factors, if any, as may be prescribed.

(5) Where the competent authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant,"

During the pendency of the appeal fro