- (1.) These are two connected petitions arising out of proceedings for release under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).
(2.) The property in dispute is shop No. 59, Bara Bazar, Shikohabad. Bishambhar Dayal is the tenant of the said shop and Radhey Lal is the owner and landlord. Radhey Lal filed an application under Section 21(a) of the Act on the ground that in view of the partition in the family, shop No. 59 has come to his share and he wants to start some business in the said shop, either in the existing form or on its re-construction and also requires the accommodation partly for residential purposes. This application was opposed by the tenant Bishambhar Dayal.
(3.) Ultimately, the Prescribed Authority by his order dated 6th October, 1978 allowed the application for release filed by Radhey Lal. He recorded a finding that the need of Radhey Lal was bonafide and genuine and that greater hardship would be caused to him in case the application for release is rejected.;