JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Allahabad High Court. By the impugned judgment the High Court came to the conclusion that even if it is found that the decisions of the Courts below are erroneous in law, the matter needs to be remanded to the prescribed authority. A release petition was filed by the appellant claiming to be the landlord under Section 21 of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the ‘Act’).

3.The background facts as projected by the appellant are as follows:

“Appellant is the owner and the landlord in respect of disputed shop situated in Mohalla Asifganj, Azamgarh City, Uttar Pradesh. In the year 1947 respondent no.1 Ram Lakhan was inducted as a tenant in the shop in question on monthly rent of Rs.40/- by the then owner. In the year 1952 the disputed shop was purchased by the appellant’s mother Smt. Pyari Kunwar. After the death of his mother, appellant became owner of the property. Family of the appellant at that time was very small. Since appellant had no commercial space available he was carrying on busines