- (1.) Heard Sri Hemant Kumar Mishra, learned Counsel for petitioner and Sri L.K. Gupta, learned Counsel appearing on behalf of respondents. With the consent of learned Counsel for parties, writ petition is heard finally today. Facts in brief of the present case are that controversy in the present case relates to a shop situated in house No. 278/113, Saluja Niwas, Arya Nagar, Naka Hindola, Aishbag Road, Lucknow and Dr. Preetam Singh is owner/landlord under the tenancy of Sri Radhey Lal.
(2.) Landlord moved an application for release of shop under the tenancy of respondent in the month of January, 2005, accordingly a P.A. Case 7 of 2007 registered before Prescribed Authority/1st Additional Judge Small Cause Court, Lucknow.
(3.) Prescribed Authority after considering the matter on merit vide order dated 22.5.2010 (Annexure-3) allowed release application holding therein that respondent/landlord has retired from services six years back, as such his need to get shop vacated is genuine and bona fide in comparison to tenant/petitioner.;