The court held that the landlord's need for the shop was bona fide and pressing, and that the tenant's hardship, while relevant, was not sufficient to outweigh the landlord's need.

( 1 ) THIS writ petition is directed against the order dated 14. 10. 1988 passed by the Prescribed authority allowing the application for release of the disputed shop in favour of the landlord-respondent No. 3 and the order of the appellate authority dated 30. 11. 1996 dismissing the appeal against the aforesaid order.

( 2 ) THE petitioner is a tenant of the shop in question of which respondent No. . 3 is the landlord. Respondent No. 3 filed an application for release of the shop in question under Section 21 (1) (a)of U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act. 1972 [hereinafter referred to as the Act) on the allegation that he was carrying on the business of selling pens and key-rings by putting a table on the street. His family consists of himself, his wife and 4 children who are receiving education. He is unable to carry oh business during the rainy season or when there is extreme cold in Dehradun. This application was opposed by the petitioner who alleged that the landlord-respondent is already carrying on business and does not require the shop in question. It was further stated that there was an agreement between the petitioner and respondent no. 3 whereby the disputed shop was let out to him and in the agreement, it was provided that so long the tenant-petitioner pays the rent, the landlord shall not get him evicted. He further alleged that in case the petitioner is evicted, he would suffer a greater hardship.

( 3 ) THE Prescribed Authority, on the finding that respondent No. 3 has no shop to carry on business and he requires the disputed shop for carrying on his business, released the same in his favour vide order dated 14. 10. 1988. The petitioner filed an appeal against the said order which was dismissed by respondent No. 1 on 30. 11. 1996.

( 4 ) SRI Yogesh Kumar Saxena, learned counsel for the petitioner contended that respondent No. 3 had executed an agreement on 20. 4. 1976 wherein he agreed that so long the petitioner pays the rent, he will not be evicted and in pursuance of the said agreement, the application under Section 21 (1) (a) of the Act is not maintainable. This document is admittedly not a. registered one and no permanent lease deed can be executed unless it is registered. In Zarif Ahmad and another v. Satish Kumar and another, 1983 ARC 776, it has been held that except in case of leases which are from year to year or for a term exceeding one year, or reserving a yearly lease, all other leases can be made either-- (i) by registered Instrument, or (ii) by an oral agreement accompanied by delivery of possession. If the lease is to continue exceeding period of one year. It has to be by registered instrument. The term of the agreement which permits a tenant to continue permanently should be evidenced by a registered instrument. Secondly, there is no clause in the agreement which provides that the landlord shall not be entitled to file application under Section 21 (1) (a)of the Act. It is not a case where the landlord has waived right under the statute to evict the tenant-petitioner where his need is bona fide for his personal requirement. The application filed by the landlord-respondent in these circumstances was maintainable under Section 21 (1) (a) of the Act.

( 5 ) THE next submission of learned counsel for the petitioner is that the petitioner having entered into the contract of tenancy and occupied the disputed accommodation without any order of allotment passed by the District Magistrate as contemplated under Section 16 (1) for of the Act, his possession was unauthorised and cannot be treated as a tenant under law. He has placed reliance upon the decision in Nutan Kumar and others u. IInd Additional District Judge, Banda and others, 1993 (2) ARC 204 (FB), wherein it has been held that if a tenant has occupied without any allotment order, his possession shall be deemed to be unauthorised under Section 13 of the Act. This decision was considered in Brij Nandan