This is landlords writ petition arising out of eviction/release proceedings initiated by him against tenant Rameshwar Dayal since deceased and survived by respondents 3 to 9 on the ground of bona fide need under Section 21 of U. P. Act No. 13 of 1972 in the form of P. A. Case No. 9 of 1984. Prescribed Authority/munsif, Pilibhit through judgment and order dated 10-5-1985 dismissed the release application against which petitioner filed R. C. Appeal No. 35 of 1985 which was also dismissed by IIIrd Additional District Judge, Pilibhit on 12-1- 1989 hence this writ petition.

2. Property in dispute is a shop purchased by the petitioner on 21-10-1980 and release application was filed by him after serving six months notice. In the release application it was stated that landlord petitioner was doing business of selling paan (Betel leaves) alongwith his father and he wanted to establish his independent business. The tenant filed written statement and pleaded therein that a shop of Nagar Palika was in tendency occupation of the father of the landlord and landlord was doing business from the said shop alongwith his father (para-2 of the judgment of the Prescribed Authority and pa