Hon’ble S.U. Khan, J.— Heard learned counsel for the parties.

2. This is tenant’s writ petition arising out of eviction/release proceedings initiated by landlord respondent on the ground of bona fide need under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 in the form of Misc. Case No. 5 of 1999. The release application was dismissed by Prescribed Authority/ Additional Civil Judge (Senior Division), Moradabad, through order dated 18.1.2001. Against the said judgment and order, landlord respondent filed Rent Appeal No.1 of 2001. A.D.J., Court No. 2, Moradabad allowed the appeal through judgment and order dated 8.7.2002, hence this writ petition by the tenant.

3. Property in dispute is a shop, frontage of which is 11 feet and depth is 22 feet. Sri P.K. Jain, learned senior counsel appearing for the tenant petitioner, during argument, categorically stated that tenant petitioner was ready to retain half portion of the shop and surrender possession of rest half portion of the shop in dispute to the landlord.

4. The shop in dispute belonged to the family of the landlord respondent. Family members got their properties partitioned and said parti