- (1.) SUDHIR Narain, J. This writ petition is directed against the order dated 21-7-1990 passed by the Prescribed Authority, respondent No. 2, releasing the shop in question in favour of landlord-respondent No. 3 under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) and the order dated 18-1-1996 dismissing the appeal against the aforesaid order.
(2.) THE facts, in brief, are that the petitioner is a tenant of shop No. 55 situate in Subhash Bazar, District Meerut, Smt. Ram Kali Devi was the owner and landlady of the shop. She filed an application for release under Section 21 (1) (a) of the Act on 6-8-1984 against the petitioner on the allegation that her son, Kailash Chandra was employed as clerk in Income Tax Department. He was not keeping good health and he had also taken premature retirement. He was unemployed. It was further stated that his two sons, namely, Krishna Gopal Gupta and Dinesh Chandra Gupta were also unemployed. THEy were aged 26 and 24 years. THE shop in question was required for carrying on business by Kailash Chandra, Krishna Gopal Gupta and Dinesh Chandra Gupta. THEy required the shop for carrying on business of general merchant. It was alleged that the petitioner was carrying on general merchant business but for the last ten years he has left the business and is selling newspapers. He does not require the shop in question. The petitioner contested the application and it was denied that Kailash Chandra required the shop in question. His two sons were not unemployed. Shiv Charan Das was the owner of shop Nos. 54, 55 and 56. Under the Will shop No. 54 was given to Kailash Chandra, shop No. 55 to Smt. Ram Kali Devi. Kailash Chandra could file application for release against his tenant for shop No. 54. It was alleged that he was carrying on business and in case he is evicted he will suffer greater hardship. During the pendency of the application Smt. Ram Kali Devi died. An application for substitution was filed by Kailash Chandra stating that Smt. Ram Kali Devi died leaving behind her two sons, Kailash Chandra and Jai Prakash and a daughter Sneh Lata Gupta. Under the Will shop No. 55 was also given to the applicant after the death of Smt. Ram Kali Devi. He is alone entitled to be substituted. The substitution application was allowed and only Kailash Chandra was substituted in place of Smt. Ram Kali Devi.
(3.) THE Prescribed Authority found that Kailash Chandra and Dinesh Chandra Gupta were unemployeds. As regards Krishna Gopal Gupta it was held that he was employed. Considering the comparative hardship he found that in case the application of respondent No. 3 is rejected he will suffer a greater hardship. THE application was allowed by order dated 21-7-1990. THE petitioner preferred an appeal against the said order and the appeal has been dismissed by the appellate authority on 18-1-1996. THE petitioner has challenged these orders in the present writ petition. I have heard Sri R. B. Singhal learned counsel for the petitioner and Sri Pankaj Mithal learned counsel for respondent No. 3.;