Judgment

GROVER, J.: This is an appeal by special leave from a judgment of the Allahabad High Court and involves the question whether the appellant, who was the tenant, was entitled to the benefit of S. 3 of U. P. (Temporary) Cantrol of Rent and Eviction Act, 1947 hereinafter called the "Act."

2. The facts are not in dispute. The appellant had been occupying a shop in Mathura belonging to the respondent from a very long time at a monthly rental of Rs. 18.37. In 1962 the respondent wanted to construct rooms on the upper storey of the shop for his own residence. This construction could possibly be made only if the appellant vacated the shop for some period. On June 4, 1962, the appellant and the respondent entered into an agreement After reciting the above facts it was agreed that the shop would be vacated by the appellant on the condition that as soon as the required construction had been completed he would resume possession of the shop. At this stage the following clauses of the agreement may be set out.

"1. On this day the second party has withdrawn his possession from the shop bearing no. 1/2C, situate at Tilakdwar, and has given the same to the first party.

2. The first party shall