Judgment

S. K. DAS Acting C. J. : (For himself and Hidayatullah J.) : -With much regret, we have come to a conclusion different from that of our learned brother Sarkar, J. as respects of the true scope and effect of S. 57 of the Delhi Rent Control Act, 1958, hereinafter referred to as the Control Act of 1958. The Control Act of 1958 repeals the Delhi and Ajmer Rent Control Act, 1952, hereinafter called the Control Act of 1952, in so far as that Act was applicable to the Union territory of Delhi, but contains certain savings in respect of "suits and proceedings " pending at the commencement of the Control Act of 1958. To these savings we shall advert later.

2. The facts giving rise to the appeal have been stated fully in the judgment of Sarkar, J. and we need not re-state the facts. The respondent, Pratap Chand, relied on cl. (c), sub-cl. (i) of the proviso to Section 13 (1) of the Control Act of 1952 in support of his claim for eviction of the appellant from a room, being room No.6, in Pratap Buildings situate in Connaught Circus, New Delhi. Sub- s. (1) of S. 13 of the Control Act of 1952 states that notwithstanding anything to the contrary contained in any other law or any contract,