- (1.) Heard Shri Arvind Kumar Srivastava, learned counsel for the petitioner.
(2.) Respondent no.3 landlord has filed an application under section 21(1) (a) of the U.P. Act no. 13 of 1972 setting up his need for the shop in question for carrying out the business of gold and sliver ornaments. It is stated in the release application that the applicant was suffering from terminal disease called Cancer and had incurred huge expenditure for his treatment. The business of money lending which he was carrying out was not sufficient to meet the expenditure. He wanted to settle himself by opening shop of gold and sliver ornaments.
(3.) The release application was contested by the petitioners, sitting tenant on the ground that the applicant was suffering from a terminal disease for the last five years. At the relevant point of time it was not possible for him to start a new business. Apart from this fact the applicant possess other accommodation available on the Main Road Tundla area of Firozabad in which he could carry on his business.;