SIBTEY NABI Vs. IIND ADDL DISTRICT JUDGE RAMPUR

JUDGEMENT

(1.) SUDHIR Narain, J. This writ petition is directed against the order of the prescribed authority dated 3. 5. 1985 rejecting the release application filed by the landlord-respondent and the order of the appellate authority dated 26. 10. 1985 dismissing the appeal against the aforesaid order.

(2.) THE petitioner is landlord of the disputed shop of which respondent No. 3 is tenant. He filed application for release of the shop in question under Section 21 (l) (a) of U. P. Urban Buildings (Regula tion of Letting, Rent and Eviction) Act, 1972 (in short the Act) for release with the allegations that he was running as sweet meat shop in the disputed shop but due to illness he had closed the same and now again he wants to start the business. It was further stated that his son, Zia-ul-Nabi, who is aged about 24 years, needs the shop to run the business. THE application was contested by respondent No. 3. It was denied that the petitioner needs the dis puted shop to carry on the business. THE prescribed authority rejected the application on 3. 5. 1985. THE petitioner preferred an appeal and the appeal has been dis missed by respondent No. 1 by the im pugned order dated 26. 10. 1985.

(3.) THERE is another aspect, the petitioner had set up the need for his son, Zia-ul-Nabi but no finding has not recorded in respect of his need by respon dent No. 1.