Judgment

WANCHOO, J. : These two appeals by special leave from two judgments of the Punjab High Court raise a common question with respect to the application of the first proviso to S. 57(2) of the Delhi Rent Control Act, No. 59 of 1958 (hereinafter referred to as the present Act). They arise from decisions of two learned single Judges in revision applications under the Delhi and Ajmer Rent Control Act, No. 38 of 1952 (hereinafter referred to as the 1952-Act). In one of them (C. A. 879) the learned Judge has held that in view of the first proviso to S. 57(2), a decree for ejectment against the tenant could not be passed. In the other appeal (No.121), the other learned Judge has held that the tenant is liable to ejectment in spite of the first proviso to S. 57(2) of the present Act. It will thus be seen that the two decisions are contradictory and raise the question as to when the first proviso to S. 57(2) precisely applies to facts similar to the facts in the present two appeals which are more or less the same.

2. Before we consider the question thus raised before us, we may briefly indicate the facts in the two appeals. In appeal No. 879/1962, the landlord sued for ejectment on the