- (1.) RAKESH Tiwari, J. List has been revised. None has appeared for the respondents. The Counsel for the petitioner is present. Heard him and perused the record.
(2.) THIS writ petition has been filed for quashing the impugned order dated 22-3-2002 to the extent of the portion released in favour of respondent No. 3 tenant on the eastern side of the shop in dispute, passed by respondent No. 1, the Additional District and Sessions Judge, Court No. 15, Kanpur Nagar. Brief facts of the case are that the petitioner is the landlord of the disputed shop No. 2 on the ground floor of House No. 2/175/176 situated at Mohalla Nawab Ganj Kanpur Nagar under the tenancy of respondent No. 3. He filed an application under Section 21 (1) (a) of U. P. Act No. 13 of 1972 for release of the disputed shop on the ground that his two sons namely, Gyan Prakash Gupta and Ved Prakash Gupta were major and they were unemployed and he was also going to retire in 1994 as such the shop in dispute was needed for their business. Respondent No. 3 tenant contested the release application denying the allegations made in the release application.
(3.) THE Prescribed Authority/ist Additional Judge Small Causes Court, Kanpur Nagar vide order dated 29- 1-1997 allowed the release application of the petitioner releasing the disputed shop in favour of the petitioner. Aggrieved by the aforesaid order dated 29-1-1997 respondent No. 3 tenant filed an appeal before the Appellate Court.;