( 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) : I