K.C.Agarwal, J. - (1.) This is a tenant's writ petition filed against a judgment of the District Judge, Etawah, dismissing an appeal flied by him against the judgment of the Prescribed Authority.
(2.) An application under section 21(1)(a) of U.P. Act XIII of 1972 was filed by the landlord for release of the accommodation in dispute on the ground that he wanted to shift to Etawah and intended to settle down there, and further wanted to start his Homoeopathic practice in a portion of the premises. The landlord also claimed that he was a Government servant and retired from service and, therefore, he was entitled to the benefit of Explanation (ii) to Section 21(i).
(3.) The application was resisted by the petitioner. He denied that the landlord intended to shift to Etawah. According to the petitioner, the application was merely a device for the purpose of evicting him. He claimed that his need was greater than that of the landlord.;