Hidayatullah, J—This is a petition purporting to be under Article 226 of the Constitution for a. writ of certiorari or mandamus or for directions & orders against the four non-applicants. The-facts on which the petitioner seeks redress are-stated briefly as follows:

2. The petitioner owns a house No. 294 B in Ward No. 9 Akola, district Akola,. Non-applicant 4 Kewalchand is occupying a portion of the house as a tenant. The rent which was agreed upon between the parties was Rs. 100 per month.

3. Non-applicant 4 applied to the Rent Controller. Akola (Non-applicant 3) on 15-1-1948 under the House Rent Control Order for the fixation of a fair rent for the portion of the house-in his occupation. The Rent Controller by his order passed on 22-8-1949 held that the fair rent for the premises should be Rs. 78 per month: vide Revenue Case No. 244/86 of 1947-48 of Akola.

4. Against this order an appeal was taken to the Deputy Commissioner, Akola (Non- applicant 2), who further reduced the rent to Rs. 40 per month. The order of the Deputy Commissioner was passed on 30-6-1950--vide Revenue Application No. 15/86 of 1949-50. The order of the Deputy Commissioner was communicated to the petitioner on or about 11-7-1950.

5. The petitioner seeks a declaration that the House Rent Control Order is void & of no effect & prays & that the orders against him be qua-shed. In view of the first relief the petitioner has also cited the State of Madhya Pradesh as an opposite party.

6. I have had the advantage of reading the opinion which my learned brother Mudholkar J. proposes to deliver. I agree with him that the application must be dismissed, but since I have the misfortune to differ from some of big conclusions as well as some of his reasons I am recording my opinion separately.

7. I refrain from repeating here the arguments of the petitioner, or the opposite party. These arguments are stated in the opinion of my learned brother Mudholkar J. & will also appear in this opinion at proper places in the sequel

8. The Central Provinces & Berar Regulation of Letting of Accommodation Act, 1946 (Act XI [[1] of 1946) --hereinafter called the Act-was passed by the Central Provinces & Berar Legislative Assembly & having been reserved for the consideration of the Governor-General was assented to by him on 28-9-1946. The assent was first published in the Central Provinces & Berar Gazette Extraordinary on 1-10-1946. It was a temporary Act inasmuch as it was provided by subs (3) of Section 1 that:

It shall come into force on 1-10-1946 & shall remain in operation for a period of one year.

It would have normally expired on 30-9-1947 unless its life was extended by a suitable piece of legislation.

9. On 30-9-1947 the Governor of the Central Provinces & Berar promulgated the Central Provinces & Berar Regulation of Letting of Accommodation (Extending) Ordinance, 1947 (Iv [4] of 1917)-- hereinafter called the Ordinance -- by which it was enacted:

In Sub Section (3) of Section 1, Central Provinces & Berar Regulation of Letting of Accommodation Act, 1946 (XI [11] of 1946), for the words ''remain in operation for a period of one year'', the following shall be substituted: ''cease to operate on such date as the Provincial Govt. may by notification, appoint in this behalf.

10. The first question is whether the Act had ceased to be in force after 1-10-1917, the Ordinance notwithstanding.

11. Under Section 3, Central Provinces General Clauses Act (Act I [1] of 1914), an Act comes into operation on the day expressed in the Act, but if the day is not so expressed then it comes into operation on the day on which the assent thereto of the Governor, the Governor-General, or His ''Majesty, as the case may require, is first published in the Official Gazette. By Section 4 of the same Act it is necessary that the date of such publication should be printed above the title of the Act & it forms part of the Act.

12. In the present case the date of the commencement of the Act was stated in the commen