Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 21.12.1989, passed by respondent No. 1. allowing the appeal and rejecting the application filed by the petitioner for release of the disputed shop.
(2.) Briefly stated the facts are that the petitioner is landlord of the shop in question situate in Mohalla Baldeo Chowk, Town Oral, district Jataun of which respondent No. 3 was tenant who has died during the pendency of the writ petition and his heirs have been substituted. He filed application for release of the disputed shop against respondent No. 3 under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (fn short the Act) with the allegations that his family consists of himself, his wife, three sons and two daughters. His eldest son Pramod Kumar Gupta is unemployed and requires the disputed shop for opening a general merchant shop. The tenant-respondent owns a big double storied house situate in Mohalla Gopalganj at a distance of about 100 metres where he has three shops on the ground floor and could establish his business there. This application was contested, denying that Pramod Kumar was unemployed. The petitioner-landlord has already a book seller shop and is also carrying on lending business and his son Pramod Kumar Gupta is already engaged with him. It was stated that he is carrying on Sarafa business in the shop and would suffer greater hardship in case he is evicted. The Prescribed Authority allowed the application on the finding that the need of the petitioner to establish his son Pramod Kumar Gupta in business is bona fide and he would suffer greater hardship in case his application is rejected. The tenant preferred an appeal. The appeal has been allowed by respondent No. 1 on 21.12.1989 and the release application filed by the petitioner has been rejected.
(3.) I have heard learned counsel for the parties.;