R. H. Zaidi, J.

1. Present petition arises out of proceedings under Section 21 (1) (a) of U. P. Act No. XIII of 1972 and is directed against the order passed by the authority below dated 30-10-1995, allowing the appeal of the landlord and dismissing that of the petitioner.

2. THE contesting respondent No. 3 filed the release application for the release of 40/69, Hospital Road, Kanpur, a commercial building, in his favour, mainly with the allegations that his son Avanish Kumar Sexena was doing law and has completed the same and has started practising as an advocate at Kanpur and his daughter Km. Sangeeta wanted to run a coaching Center in music and dance particularly when her mother was Head of the Department in Music in D. G. College, Kanpur and was in a position to help her daughter. It was also pleaded that after his retirement he himself wanted to open a shop of books in the building in question as the same was suitable for the said business. It was asserted that Avanish Kumar Saxena wanted to open his chamber in the building in question.

The application was contested and opposed by the petitioner who has denied the pleas taken by the landlord and pleaded that the nee