Prakash Krishna, J. - (1.) The shop situate in Mohalla Saravgyan, Qasba and Tehsil Kairana District Muzaffarnagar fully described at the foot of the application by words A.B.C.D. which was in tenancy of Nanak Chand who has died during the pendency of the release proceedings under Section 21(1)(a) of U. P. Act No. 13 of 1972 is the subject matter of the present writ petition.
(2.) Jai Bhagwan, the landlord of the said shop filed an application for its release under Section 21(1)(a) of U.P. Act No. 13 of 1972 on the pleas inter alia that he has retired as a Professor from Ramjas College, Delhi University was serving in the Department of Physics, in the year 1996. After retirement he was associated in Research Project of the Government of India which was going to be completed in October, 2001. His two sons namely Kamal Kant and Ravi Kant and three daughters, are all well settled and married and are living at different places. The release of the shop was sought for on the ground that he wants to come and settle at Kairana (Distt. Muzaffarnagar) in his native town to do charitable work of providing free education to the students for their upliftment. Articles and Papers, authored by him are being published in various magazines National and International. The ambiance of Delhi is polluted due to noise and air pollution and that is the reason he does not want to live in Delhi any more and will carry on the research work, writing of Articles and Papers and teaching the students free of cost at Kairana. He will pass his last days of life among his greater family members residing at Kairana. A pedegree of his family has been given in Paragraph 2 of the release application, as also a sketch map of the entire accommodation.
(3.) It was further pleaded that the tenant is not carrying on any business from the disputed shop due to his illness and the said shop is practically lying closed. During the pendency of the proceedings Nanak Chand has expired and in his place the petitioners have been substituted.;