S.U. Khan, J. - (1.)This is landlord's writ petition arising out of eviction/ release proceedings initiated by him against tenant/respondent No. 2 on the ground of bona fide need under Section 21 of the U.P. Act No. 13 of 1972, hereinafter referred to as U.P. Rent Control Act (U.P.R.C. Act in short). Release application was registered as P.A. Case No. 2 of 1993 before Prescribed Authority'/Munsif (West), Ballia. The property in dispute is a shop. Along with release application map of the property in dispute and adjoining properties belonging to the landlord was annexed. In the release application it was stated that previously landlord was carrying on medical practice in two shops shown by letters A and C in the map, that landlord had to accommodate his son who had passed graduation and was unemployed hence one of the shops in his occupation shown by letters C was given by him to his son in which he installed photostat machine for business purpose. It was pleaded that due to reduction in the accommodation landlord's medical practice was affected hence he required the shop in tenancy occupation of the petitioner shown by letter B which is just adjacent to the shop A in which landlord was carrying on his medical profession. Landlord asserted that previously he used shop A for examining the patients and writing prescription and in shop C he had his davakhana containing medicines from where patients got the medicines prescribed by Doctor landlord.
(2.)Tenant pleaded that the son of the landlord was B.A. and B.Ed. and he was headmaster in a Junior High School and that the shop C was initially in tenancy occupation of another tenant which was got vacated about two years before the filing of the release application and in the said shop photostat machine and lamination machine had been installed. Tenant further leaded that on the first floor of the accommodation in dispute and the adjoining accommodation landlord constructed a big hall about one year before the filing of the release application and let out that to Sahara India Finance Company. Tenant further pleaded that landlord had no medical degree and in shop A there was only medical store in which landlord through his employee Afzal Ansari carried on the business of selling medicines and that Afzal Ansari had left the service of landlord and shop was also closed for a long time and old medicines were stored therein.
(3.)Landlord filed affidavits of different persons and different documents including pharmacist registration certificate, certificate of practice in Homeopathy medicines issued by Registrar, State Board of Homeopathy Medicine, Lucknow.