S.D.AGARWALA, J. - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings for release under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter referred to as the Act) in respect of the ground floor of the house No. 47/132, Hatia Bartan Bazar, Kanpur which is used as a shop. Manbodhan, respondent No. 3 is the tenant and the petitioner Ajay Kumar Tandon is the landlord. The rent of the shop is Rs. 40/- per mensem. The tenant is carrying on the business of utensils in the premises. The position is that the first floor of the house is occupied by the landlord for residential purposes and the property in dispute is the ground floor which was let out to Manbodhan and in it, he is carrying on his business.
(2.) THE petitioner filed an application for release of the ground floor portion on the ground of his personal need. The case set up by the petitioner was that his father expired on 21th May, 1975. At that time the petitioner was reading in the Intermediate class. In due course of time, the petitioner has graduated but he is still unemployed. Since he is unemployed, the case set up by him was that he wants to carry on the business of utensils in the shop in question for the purpose of his livelihood. At the time when the application was made, the petitioner was not even married and his further case is that the petitioner has also grown of marriageable age but unless he is suitably engaged, matrimonial talks cannot be started and suitable offers cannot come. The tenant disputed the allegations made in the application for release and urged that the need of the petitioner-landlord was not bonafide and genuine.
(3.) THE Prescribed Authority by its judgment dated 20th May, 1982 allowed the release application that the need of the petitioner was bonafide and genuine and further held that the tenant has a big and profitable business. He can find out any other suitable accommodation even on higher rent and consequently, greater hardship would be caused to the landlord in case his application for release is rejected.;