(1.) Heard Dr. Rajesh Kumar Srivastav, learned counsel for the petitioner, Sri Santosh Kumar Mishra, learned counsel for the respondent and perused the record.
(2.) The writ petition is directed against judgment and order dated 11.9.2002 passed by Additional District Judge, Court No.13, Varanasi allowing respondent-landlord's Rent Control Appeal No.60 of 1998 by setting aside Prescribed Authority's judgment and order dated 15.9.1998.
(3.) The respondent-landlord filed application under Sec. 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") for release of accommodation in question, which is a shop, on the ground of personal need. The application was rejected by Prescribed Authority but has been allowed by lower Appellate Court in favour of the tenant.