( 1 ) THIS is an appeal against the judgment of a learned single Judge of this Court and the point raised relates to the interpretation of the provisions of the U. P. Control cf Rent and Eviction Act, 1947. This Act received the assent of the Governor General on 28-2-1947, under Section 76 of the Government of India Act, 1935, and was published in the United Provinces Government gazette, Extraordinary, on the 1st of March, 1947. Section 1 (3) of this Act provides that the Act shall be deemed to have come into force on 1-10-1946.

( 2 ) ON 10-5-1947, a suit was filed for ejectment cf the defendant from a shop situate in the town of Raya. It is the common case of the parties that at the time when the suit was filed the U. P. Control of Rent and Eviction Act had not been extended, by notification of the State government, to apply to the town of Raya. In view of that admission, it is not necessary to deal with the various amendments made to the original Sub-section (2) of Section 1 of the Act at length but we might quote the subsection as it originally stood and indicate how it was later amended. The original Sub-section (2) to Section 1 of the Act was as follows: " 1 (2) : It extends to the whole of the United Provinces and applies to the municipal areas, cantonment areas and to every notified area contiguous to such municipal area situated in these provinces and to accommodation situated within one mile of the boundaries of any such municipal area, cantonment area, and notified area, and to such other areas as the Provincial government may, from time to time, notify in the official Gazette in this behalf;. . . . . " this sub-section was amended by the Amending Act 44 of 1948 and it was divided into two sub-sections, Sub-section (2) and Sub-section (2-A ). This was later again amended by a number of ordinances and notifications and the latest amendment is by Act No. 17 of 1951. The two sub-sections now read as follows:

" (2) It shall extend to the whole of the United Provinces. (2-A) It shall apply to every Municipality, Notified Area contiguous to a Municipal or cantonment Area and to areas situate within two miles of such Municipality or notified area: provided that the State Government may by notification in the official Gazette declare that it shall cease to apply to any area or shall apply in whole or in part to any other area, as may be specified. "

( 3 ) THE suit was contested on various grounds and one of the grounds, we are informed by learned counsel, was that the notice for ejectment was defective.

( 4 ) ON 21-7-1948, the suit was dismissed as the notice for ejectment served on the defendant was found to be not in accordance with law.

( 5 ) AN appeal was filed before the learned Civil Judge and, while that appeal was still pending, the State Government by a notification in the official Gazette extended the operation of the Act to the town of Raya on 24-9-1949. On 27-9-1949, the lower appellate court held that the notice was valid, allowed the appeal and directed ejectment of the defendant.

( 6 ) THE defendant came up in second appeal before this Court and it was urged before the learned single Judge that, after the Act had been made applicable to. the town of Raya, the defendant could not be rejected, except in accordance with the provisions of Section 3 of the Act. This argument did not find favour with the learned single Judge and he dismissed the appeal but allowed leave to file an appeal under the Letters Patent. The learned single Judge was of opinion that Section 15 of the U. P. Control of Rent and Eviction Act did not apply to this case as the suit was not filed before "the commencement of the Act. "

( 7 ) ON the question as to the applicability of Section 15, U. P. Control of Rent and Eviction Act there has been considerable difference of opinion in this Court. Section 15 is as follows:

"in all suits for eviction of a tenant from any accommodation pending on the date of the commencement of this Act, no d