S.U.KHAN, J. - (1.) HEARD Sri A. N. Bhargava, learned counsel for the landlord- petitioner and Sri Shashi Nandan, learned Senior Counsel, assisted by Sri Anurag Jauhari, learned counsel for the tenant-respondents.
(2.) THIS is landlord's writ petition arising out of eviction/release proceedings initiated by him against tenant-respondents 2 to 5 in the form of P.A. Case No. 3 of 1986 under Section 21 of U.P. Act No. 13 of 1972 on the ground of bona fide need. Contesting respondents are tenants of a shop. Release application was filed only in respect of part of the tenanted shop. Prescribed Authority/Civil Judge, Jhansi through judgment and order dated 8.5.1991 allowed the release application. Against the said judgment and order tenant-respondents filed R.C. Appeal No. 39 of 1991. A.D.J. (Special Judge E.C. Act) Jhansi through judgment and order dated 7.5.1992 allowed the appeal, set aside the judgment and order passed by the Prescribed Authority and dismissed the release application of the landlord, hence, this writ petition by the landlord.
(3.) THE lower Appellate Court reversed the Judgment and order passed by the Prescribed Authority on the following two grounds : (i) That the landlord has not been able to show that he has got sufficient means to start the business; and (ii) That Jitendra son of landlord-petitioner Ram Sevak for whose need the release was sought was doing business along with his father. ;