S.K. Mookerji, J.

1. This is a petition on behalf of the land-lord challenging the order of the District Judge, Varanasi, dated 24-8-1987.

2. It appears that the land-lord moved an application under Section 21 (1) (a) of U. P. Act No. XIII of 1972 for releasing the portion in occupation of respondent no. 2 in which he was having his shop. Petitioner no. 1, Vishwanath Mehta, had retired from service, therefore, he wanted the shop for settling his son, who is unemployed and also to start some business in the shop in question. The Prescribed Authority, after hearing the parties, allowed the application of the land-lord. Thereafter, the tenant filed an appeal (Rent Appeal No. 205 of 1986) in the court of the District Judge, Varanasi. By this order, the shop was directed to be divided into two portions and one portion was ordered to be released in favour of the landlord and the other would remain in occupation of the tenant. Against this order the land-lord has filed the present writ petition.

I have heard learned counsel for the parties. Learned counsel for the land-lord initially urged that provision of Rule 16 (1) (d) of the Rules framed under the aforesaid Act is applicable