Sudhir Narain, J. - (1.) This writ petition is directed against the order of the prescribed authority dated 31.3.1993 allowing the release application filed by the landlord and the order of the appellate authority, respondent No. 1, dismissing the appeal against the said order on 19.9.1996.
(2.) The facts in brief are that respondent Nos. 3 and 4 filed application for release of the shop in question on the allegation that the petitioner is a tenant of the shop situate on the ground floor of building bearing number 76/469, Koolie Bazar, Kanpur Nagar. The landlord-respondents were engaged in the business of extraction of Sandal Oil and other ancillary products from sandal wood and for this purpose, they have got a unit in the Industrial Area of Unnao at a distance of about 10 kilometers from Kanpur. It is an old business. His son Lalit Prakash is in service because he could not get any suitable accommodation to carry on business. The landlord has his office on the first floor of house No. 76/469. It is a part of his residential house where he has got four rooms. His second son Ramesh Chandra also requires the accommodation for carrying on business. It was alleged that he was running his business from his residential portion. The petitioner contested the application and it was stated that Lalit Prakash and Ramesh Chandra do not require the accommodation in question. They are already working. The tenant petitioner alleged that he has no other accommodation and he would suffer greater hardship. The landlord. In fact, has his business at Unnao and is not carrying on any business from his first floor. The Prescribed Authority found that the need of the landlord-respondent is bona fide and on comparative hardship it was found that he would suffer greater hardship in case the application is rejected. The petitioner preferred an appeal against this order. The appeal has been dismissed by respondent No. 1 vide Impugned order dated 19.9.1996.
(3.) I have heard Sri Vipfn Sinha, learned counsel for the petitioner and Sri Ashok Trivedi, learned counsel for the respondents.;