Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 14.10.1988 passed by the Prescribed Authority allowing the application for release of the disputed shop in favour of the landlord-respondent No. 3 and the order of the appellate authority dated 30.11.1996 dismissing the appeal against the aforesaid order.
(2.) The petitioner is a tenant of the shop in question of which respondent No.. 3 is the landlord. Respondent No. 3 filed an application for release of the shop in question under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act. 1972 [hereinafter referred to as the Act) on the allegation that he was carrying on the business of selling pens and key-rings by putting a table on the street. His family consists of himself, his wife and 4 children who are receiving education. He is unable to carry oh business during the rainy season or when there is extreme cold in Dehradun. This application was opposed by the petitioner who alleged that the landlord-respondent is already carrying on business and does not require the shop in question. It was further stated that there was an agreement between the petitioner and respondent No. 3 whereby the disputed shop was let out to him and in the agreement, it was provided that so long the tenant-petitioner pays the rent, the landlord shall not get him evicted. He further alleged that in case the petitioner is evicted, he would suffer a greater hardship.
(3.) The Prescribed Authority, on the finding that respondent No. 3 has no shop to carry on business and he requires the disputed shop for carrying on his business, released the same in his favour vide order dated 14.10.1988. The petitioner filed an appeal against the said order which was dismissed by respondent No. 1 on 30.11.1996.;