Judgment

AHMADI, J.:- The short question which arises for our consideration in this

Appeal by special leave is whether a tenant of a premises constructed in 1967 is entitled to the protection of S. 39 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act No. 13 of 1972 as amended by Act No. 17 of 1985), hereinafter called the Act, in an eviction suit instituted before the commencement of the Act. The Act came into force w.e.f. 15th July, 1972 by virtue of the notification issued by the State Government in exercise of power conferred by sub-section (4) of S. 1 of the Act, vide Notification No. 3409 / XXIX-59-72 dated 27th June, 1972 published in the U. P. Government Gazette, Extra, dated 1st July, 1972. The Act was enacted for inter alia regulation of letting and eviction of tenants from certain classes of buildings situate in urban areas specified in sub-section (3) of S. 1. Section 2 indicates the buildings to which the Act shall not apply. We are concerned with sub-section (2) of S. 2, the relevant part whereof reads as under :

"Except as provided in sub-section (5) of S. 12, sub-section ( 1 -A) of S. 21, sub-sec. (2) of S. 24, Sections 24-A, 24-B,