Hon’ble Sudhir Agarwal, J.—Heard Sri S.C. Tiwari, counsel for petitioner, Sri A.K. Singh assisted by Sri Yashvardhan Singh for the respondents.

2. The correctness of the judgment dated 23rd September, 2003 of Additional District Judge, (Court No. 10), Kanpur Nagar passed in Rent Appeal No. 162 of 1999 has been assailed in this writ petition under Article 226 of Constitution.

3. The impugned order has resulted in the ejectment of petitioner, since the judgment of Prescribed Authority has been set aside by means of impugned appellate judgment and the release application of respondent-landlord filed under Section 21(1)(a) of Urban Buildings (Letting, Rent & Eviction) Act, 1972, (U.P. Act No. XIII of 1972) (hereinafter referred to as the Act 1972), has been allowed.

4. The dispute relates to a shop situated at 25/8, (Old No. 25/3), Mall Kanpur Nagar. The shop situated on the ground floor, was let out in 1958. It is owned by Hajim Shakhawat Deen(the applicant, now deceased and substituted by his legal heirs i.e. respondent Nos. 1, 2 & 3) (hereinafter referred to as landlord).

5. The landlord filed an application i.e. Rent Case No. 17 of 1989 before the Prescribed Authority/Civil Judge, Kanpur Nagar under Section 21(1)(a) of Act 1972 for release of disputed shop on the ground that landlord’s second son Samshuzzama has obtained diploma in leather from Leather Institute, Kanpur Nagar and is unemployed. The landlord wanted the shop in question for settlement of his second son in his independent business of leather goods. In the aforesaid application, the landlord had impleaded G.S. Chetan claiming that he is a tenant in the shop in question.

6. The notice issued by Prescribed Authority stood served upon Sri Sat Sarup Chetan (the petitioner, now deceased and substituted by his legal heirs), though, he himself was not impleaded as respondent. However, an objection and reply was filed by petitioner stating that in the shop in question, the business in the name and style of M/s. Chetan’s is being carried on by him and he is in possession of the shop, paying rent regularly since 1968.

7. It appears that Sri G.S. Chetan was a tenant of shop in question alongwith petitioner and was running the business under the name and style M/s. Chetan. Sri G.S. Chetan shifted to Bangalore in April, 1968 and since then the petitioner, becoming the proprietor, continued to run the business and paid rent to the landlord. He (petitioner) stated that the landlord Sekhawatdeen let out the premises to G.S. Chetan, S.S. Chetan and others being partners of M/s. Chetan Brothers for running business. There were four partners in M/s. Chetan Brothers who came to commence business in 1950 in the shop in question and these partners included M/s. P.S. Chetan, G.S. Chetan and S.S. Chetan. He also pleaded that landlord had several properties and enough alternative accommodation to settle his son in an independent business.

8. By way of amendment, the petitioner-tenant added certain paragraphs in his written statement stating that the premises, of which, the shop forms part is situated at Main Commercial Road, Kanpur City, i.e. Mall. It is a three-storied building and entirely being used for non-residential purposes. M/s. General Assurance Society Ltd. occupied two rooms alongwith verandah, stores etc. for running an office. On the second floor, M/s. National Insurance Co. Ltd. was running its office. Both the aforesaid companies vacated the premises and the said accommodation is available to landlord for non-residential purposes which can satisfy requirements of landlord. He also said that premises Nos. 25/7, 25/8, 25/48, the Mall, Kanpur are not three separate buildings but one building constructed after demolishing earlier three existing units. After reconstruction, it has been raised as a single unit building having a common entity. It also stated that the landlord owned about 25 buildings and two big markets in Kanpur City besides lot of property in Babupurwa a