( 1 ) THIS Second Appeal under Section 39 of the Delhi Rent Control Act, 1958, hereinafter to be referred as the Act which came up before us on a reference by the learned Single Judge of this Court, raises certain questions with regard to the extent to which the provisions of the Transfer of Property Act would govern the relationship of landlord and tenant in the Union Territory of Delhi before the latter Act was extended to the said territory and the further question whether even after its extension, its operation is excluded by the provisions of the Act in relation to tenancies, whether contractual or statutory, which are covered by the Act.

( 2 ) THE facts and circumstances leading to the appeal may be briefly stated. The premises in dispute were let out with effect from May 1, 1954 by a rent note, Ex. AW3/1, of May 19, 1954 by the first respondent, the owner thereof, to the appellant. According to the rent note the tenancy was for a period of "less than one year," there was a covenant against sub-letting and in case the tenant committed breach of any of its terms, "the landlord would be entitled to file an action for ejectment without an objection from the te