JUDGMENT

KRISHNA IYER, J. :—A brief back drop leads to the short point in issue. Chronic scarcity of accommodation in almost every part of the country has made eviction litigation explosively considerable, and the strict protection against ejectment, save upon restricted grounds, has become the policy of the State. Rent Control Legislation to give effect to this policy exists everywhere, and we are concerned with one such in the State of U. P. (U. P. Act 13 of 1972). The legislature found that rent control law had a chilling effect on new building construction, and so, to encourage more building operations, amended the statute to release, from the shackles of legislative restriction, new constructions for a period of ten years. So much so, a landlord who had let out his new building could recover possession without impediment if he instituted such proceeding within ten years of completion. The respondent is a landlady who claims to fill the bill in this setting and seeks to evict, the appellant-tenant untrammelled by the provisions of the Act. She has succeeded in both the courts below and the appellant challenges the order as illegal and vitiated by a basic error of approach.

2. We