Hon’ble V.K. Shukla, J.—Tenant Swaraj Kumar has approached this Court questioning the validity of the decision dated 19.9.2005 passed in Rent Control Appeal No. 19 of 2004, Arvind Kumar v. Swaraj Kumar, passed by the Special Judge (E.C. Act)/Additional District Judge Moradabad allowing release application, preferred on behalf of the landlord under Section 21(1)(a) of U.P. Act No. 13 of 1972.

2. Petitioner has been tenant of non residential accommodation on monthly rent of Rs. 700/- per month situated at opposite H.S.B. Inter College, Moradabad wherein he has been doing his extensive business of brass manufacturing. Arvind Kumar landlord filed application under Section 21(1) (a) of U.P. Act No. 13 of 1972 on 20.10.2003 for release of premises in question in occupation of the tenant for settling his two sons claiming them to be unemployed. Said release application was contested by the petitioner by filing his written statement on 7.1.2004 and therein plea was taken that petitioner was running his business since 1973 and landlord is not at all in need of accommodation and need set up by the landlord is totally farce and sham. Plea was taken that original landlord is Devi Saran