This led to the filing of a further appeal and in this appeal the High Court held 'that since the certificate of sale was hot issued in favour of the appellant, the building continued to belong 64 to the Government but the appellant having paid the full purchase price of the building and the sale of the building in favour of the appellant having been confirmed and posses sion having been handed over to him in pursuance of the sale, the appellant was legally competent to let out the premises to the respondent and the letting of the the prem ises by the appellant in favour of the respondent on 1st September, 1956 was lawful and hence the condition for the applicability of the proviso to section 3 was satisfied, and since the proviso was introduced in section 3 with retro spective effect, it must be held that the Act was applicable to the premises at the date of the institution of the suit and consequently the civil court had no jurisdiction to entertain the suit and in that view, the decree for eviction was a nullity.