VEDPAL, J.-

This petition under Article 226 of the Constitution of India has been filed by the petitioner/tenant Shri Nizammuddin Khan (since deceased) challenging the judgment and order dated 23.1.1996 (wrongly written in the petition as 22.1.1996) passed by the than IIIrd Additional District and Sessions Judge, Bahriach in Rent Appeal No. 28 of 1992 : Nizammuddin Khan v. Shivendra Kumar and others as contained in Annexure No.6 of the writ petition upholding the judgment and order dated 10.2.1992 (wrongly written as 10.2.1995 in the petition) passed by the Prescribed Authority/Munsif, Bahriach in P.A. Case No.9 of 1983 : Smt. Saubhagyawati Oevi (since deceased) v. Shri Nizammuddin Khan and others as contained in Annexure No.5 to the writ petition.

2. The relevant facts in brief, for determination of this writ petition are that Smt. Saubhagyawati Devi, landlord of the shop in question had preferred an application under section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') against Shri Nizammuddin Khan for the release of the shop in question on the ground that the same is required after de