JUDGMENT : 1. We have heard learned counsel for the parties. They are agreed that the suit which has given rise to this appeal was filed on 2nd February, 1974. In this view of the matter, we are positively of the opinion that Section 39 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act (Act XIII of 1972) has no application to this suit. That section envisages the case of only one kind of suit, namely, a suit pending on the date of the commencement of that Act which was the 15th of July, 1972. The suit in the instant case having been filed more than a year after such commencement, the section cannot be said to have any application thereto. Accordingly we allow the appeal, set aside the impugned judgment and dismiss the petition decided by the High Court, namely, Civil Misc. Writ No. 569F2 of 1979. The judgment dated 31.7.1978 of the IIIrd Addl. District & Sessions Judge, Mainpuri, thus becomes operative. Parties are left to bear their own costs. However, the appellant is granted time till 30th June, 1982 to vacate the premises subject to an undertaking to be filed by him in this Court within four weeks from today to the following effect: 1. The appellant shall hand over vacant and peaceful possession of the suit premises to the respondents on or before 30th June, 1982. 2. The appellant shall pay to the respondents arrears of rent, if any, within two months from today. 3. The appellant shall pay to the landlords-respondents future compensation for use and occupation of the premises in dispute for every calendar month by the 10th of the succeeding calendar month. 4. The appellant shall not induct any other person in the premises in dispute as a sub-tenant or licensee or otherwise. 2. We further direct that in default of compliance with any one or more of the terms of the above undertaking or if the undertaking is not filed within the time above stipulated, the decree shall become executable forthwith without further reference to this Court.