O.P. Srivastava, J. - (1.) By means of this writ petition, petitioner has prayed for a writ in the nature of certiorari in quashing the judgment and order dated 28.1.1999, passed by opposite party No. 2 granting the prayer of opposite party No. 3 for release of the shop in the tenancy of the petitioner and the judgment and order dated 6.9.2000, passed by opposite party No. 1, dismissing the appeal there against.
(2.) Facts, relevant for disposal of the writ petition, in brief, may be stated as follows:
(3.) Opposite party No. 3 is the owner of House No. 28/29, situate in Mohalla Jagannath Ganj, Unnao City. The petitioner was let out a shop in the said house on monthly rent of Rs. 70/-. Opposite party No. 3 made an application under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (U.P. Act No. XIII of 1972), for release of the shop, on the ground that after retirement from Army, he wanted to set up his own business in the said shop. Said application was initially rejected and the appeal was also dismissed. However, High Court by an order passed in the writ petition filed by the landlord remanded the matter back to the trial Court to determine the need of the parties in accordance with law and dispose of the matter after providing opportunity to the parties to lead fresh evidence or to take additional pleas in the pleadings. After remand landlord moved an application and made certain amendments also.;