SHITLA PD. SRIVASTAVA, J.

This writ petition, under Article 226 of the Con stitution of India, has been filed by the petitioner for quashing the order dated 22-10-1997 and order dated 16-8-1995 passed by the respondent Nos. 1 and 2.

2. The brief facts, for the purpose of the present writ petition, are that the landlord Brij Mohan Lai, respondent No. 3, filed a release application under Section 21 (l) (a) of the U. 8 Act No. 13 of 1972, in short hereinafter referred to as the Act only. The grounds stated in the application was that he has retired with effect from 31-10-1985 and is lying idle and his expen ses are heavy due to the illness of his wife and he is going to start another business of the Sarrafa ; he is not getting any shop in the District of Shaharanpur, t herefore, the shop in dispute is required by him frbm which he could start business.

3. The case was contested by the petitioner on the allegation that the landlord has no intention to start business in District of Saharanpur. He wants to settle down in America where one of his son has settled down and two sons are employed and they are staying out of Saharanpur; that the landlord is an old man and he is not in a positi

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