( 1 ) HEARD petitioners counsel Shri S. N. Verma and Shri M. A. Qadeer, counsel appearing for the contesting respondent.

( 2 ) IT appears that an application for release was made by the contesting respondent landlord under section 21 (1) (a) of the U. P. Act No. 13 of 1972, hereinafter referred to as the Act. The petitioner is undisputedly tenant in the disputed accommodation for the last many years and has been using the accommodation in question as its godown. The landlord in the release application based his clalm on the ground that as he was in service and posted at Mokamah, his wife and children were residing in his ancestral house at Gorakhpur and because of family partition they required the disputed accommodation for their residential purpose. The clalm of the landlord was contested by the petitioner on a number of grounds, one of them being that the accommodation in question is not at all suited for residential purpose, being in the shape of a tinshed godown only. The Prescribed Authority rejected the landlords application for release accepting the plea of the petitioner. The landlord filed appeal under section 22 of the Act before the District Judge and during the pendenc