Nainar Sundaram, J.:

The appellant in this Letters Patent Appeal is the decree-holder and execution proceedings the appellant wanted to proceed against properties standing in name of the respondent, but advancing a case that the real owner of the properties is judgment-debtor Jamal Mohideen Papa, who is none else than the father of the respondent. In substance, the appellant wanted to say that the respondent is only a benamidar for father Jamal Mohideen Papa, the judgment-debtor. The respondent preferred a regarding the properties. The first court dismissed the claim petition, holding that respondent is only a benamidar for the judgment-debtor and that the real owner is only judgment-debtor. The order of the first court is dated 5.8.1983. The matter was taken this court by way of an appeal C.M.A.No.610 of 1983. While the said appeal was pending, the Benami Transactions (Prohibition) Act 45 of 1988, hereinafter referred to as the came into effect. One of the questions that relevantly arose for consideration, on urged on behalf of the respondent herein, before the learned single Judge who dealt with appeal C.M.A.No.610 of 1983 was as to whether the decree-holder, the appe