Judgment

KRISHNA IYER, J.:- The rent control law has been a rich source of lengthy litigation in the country and the present appeal by certificate under Art, 133 (1) (a) of the Constitution at the instance of the appellant-landlord, is illustrative of one reason for such proliferation of cases, namely, the lack of clarity in legislative drafting and dovetailing of amendments which have the potential for creating interpretative confusion.

2. The facts are few and may be stated briefly, although, at a later stage, further details may have to be mentioned at relevant places to illumine the arguments advanced on both sides by counsel, Shri R. K. Garg (for the appellant) and Shri V. M. Tarkunde (for the respondent). Shortly put, the legal issues are only three: (A) Is a cinema theatre, equipped with projectors and other fittings and ready to be launched as an entertainment house, an accommodation as defined in Section 2 (1) (d) of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 (U. P. Act III of 1947) for short, the Act) ? (B) If it is an accommodation as so defined what is the impact of the proviso brought in by amendment in 1954 (Act XVII of 1954) (for short, the Amendi