DESAI, C.J. : I agree with my brother S.K. Verma that the first question should be answered in the negative and the second, in the affirmative. I regret that I cannot agree with my learned brother Dwivedi.

2. The U.P. (Temporary) Control of Rent and Eviction Act, No. 3 of 1947 has been enacted "to provide for the continuance during a limited period, of powers" to control the letting and the rent of residential and non-residential accommodation and to prevent the eviction of tenants therefrom." The letting is controlled through the provisions contained in Ss. 7, 7-A, 7-D and 7-E, the rent is controlled through the provisions in Ss. 4, 5 and 6 and eviction of tenants is prevented through the provisions in Ss. 3, 7-C, 14 and 15. The preamble only explains why these provisions and other provisions have been enacted; it itself is not an enactment and is not required to be enforced by courts. What is to be enforced by the courts is the provisions contained in the Act and they may resort to the preamble only to remove ambiguities or doubts existing in the provisions. If a provision is clear the preamble becomes irrelevant.

3. In these petitions we are concerned with the provisions