V.K.Khanna, J. - (1.) This writ petition has been filed by the tenant against the judgment of the IIIrd Additional District Judge, Ghaziabad dated 23.10.1982 allowing the appeal filed by landlord-respondent No. 2, against the decision of the Prescribed Authority, dismissing the landlord's application under section 21 of the U. P. Act No. 13 of 1972.
(2.) The brief facts for the purpose of deciding the present writ petition are that respondent No. 2 Kanti Prasad filed an application under section 21 of the Act for getting the shop in dispute released in his favour on the ground that he wanted to start business ofiron, hardware etc. It was stated that the shop in dispute has been allotted to the petitioner in a partition which has been effected between the brothers. According to the respondent landlord, there was no other shop in his possession in which he could start his business. As far as the tenant petitioner is concerned, it was stated that he has a house on Ramte Ram Road where he can easily carry on his medical profession of doctor in the front portion. By means of an amendment application the landlord also took up the case that the tenant has constructed a clinic in 11-B/5 Nehru Nagar, Ghaziabad in the name of his wife Smt. Krishna Kumari where he can shift his clinic.
(3.) The aforesaid application was contested by the tenant on the ground that no partition had taken place as has been alleged by the landlord and the theory of the partition has been set up to make a ground for release of the shop in dispute. It was alleged that since all the landlords having not been impleaded in the application, the application is not maintainable. On the question of bona fide requirement it was stated that the respondent was already doing several business and was also in possession of several other accommodations where he can carry on the proposed business.;