Hon’ble Anil Kumar, J.—Heard Sri Shafiq Mirza, learned counsel for petitioners, Sri Mohd. Arif Khan, Senior Advocate, assisted by Mohd. Adil Khan, counsel for respondents.

2. By means of present writ petition, petitioners have challenged order dated 3.9.2009 passed by District Judge, Harodi in Rent Appeal No. 2 of 2008, Mohd. Waris Khan v. Mohd. Zafar thereby allowing appeal of the landlord in respect to release of a shop.

3. Factual matrix of the present case are that Mod. Waris Khan/landlord moved an application for release under Section 21(1)(a) of U.P. Act 13 of 1972 inter alia stating therein that he is owner/landlord of shop situated at Mohalla Vehra Saudagar West, Bara Chauraha, Pargana Bangar, Tehsil and District Hardoi, purchased from its previous owner Rahul Asthana and Kapil Asthana by registered sale deed 5.7.1997, petitioner are tenant in the said shop on a monthly rent of Rs. 120/-.

4. In the release application, landlord/respondent pleaded that his family is consisting of himself and two children. He failed to get any employment, so the shop in question purchased by him thereafter, gave notice to tenant/petitioner through his counsel Sri Shiv Sahai Misra on 1