( 1 ) THIS writ petition (s directed against the order dated 14. 10. 1998 passed by respondent No. 1, allowing the appeal and releasing the disputed shop in favour of the landlord-respondent No. 3 under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction)Act. 1972 (in short the act ).

( 2 ) BRIEFLY stated, the facts are that respondent No. 3 filed an application in the year, 1983 for release of the shop in question against the petitioner on the allegation that the petitioner is a tenant of the shop in question on monthly rent of Rs. 125 per month. His family consists of himself, his wife, four sons and two daughters. He wants to start the business of general merchandise in the shop In question. He is running prasad Cinema and jai Kaushilya Cinema in partnership but both the Cinemas are running at loss and the Income derived from them is hardly sufficient to meet out the necessities of his family. He had to sell his two properties at tundla. one worth Rs. 45,000 and the other worth Rs. 15,000. The tenant is a well-known Shoe company and can shift its business to any other accommodation. The application was contested by the tenant-p