M.P. Saxena, J. - (1.) This is tenant's writ petition under Article 226 of the Constitution of India arising out of proceedings under section 21 of the U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972 (hereinafter called the Act).
(2.) Triloki Nath, respondent No. 3 is the owner of the shop in dispute which is situate in the market of Bahadurganj. in the town of Shahjahanpur. It was let out to one Abdul Hadi Khan who died in 1968 leaving behind Smt. Israrn Begum, the petitioner as his widow. She started paying rent to the landlord. The latter filed an application under section 21 of the Act for release of the shop on the ground that his son has come of age and he wants to settle him in Sarafa business in this shop. Therefore, it is bona fide required by him. It was also alleged that Smt. Israran Begum it not using the shop herself but has sub-let it to one Azhar Ali who is carrying on stationery business on it.
(3.) Smt. Israran Begum did not appear before the Prescribed Authority. Azhar Ali alone filed a written statement saying that Smt. Israran Begum has executed a Mukhtarnama in his favour. He denied that the landlord has any bona fide need for that shop, that several efforts were made to evict Abdul Nadi Khan but in vain. He also gave out that greater hardship will be caused to him if the application for release is allowed than will be caused to the landlord by rejection of the application.;