SUDHIR Narain, J.

1. The petitioner has sought a writ of certiorari quashing the plaint of Original Suit No. 119 of 1995, Anil Kumar Kesarwani and another v. Bis wanath Malik, pending in the court of Munsif West Allahabad and commanding respondents Nos. 3, 4 and 5 to handover peaceful possession of the property in dispute to him.

2. THE facts, in brief, are that the petitioner is the owner and landlord of House No. 606-A, Khalasi Line, Kydganj, Allahabad. He filed an application for release under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') on the allegation that respondent No. 3 is a tenant and he requires the shop in question. He will open a photography shop after his retirement from the service in June 1983. Respondent No. 3 is carrying on his Rikshaw business in the ground floor of Building No. 122, PS. Kydganj, Allahabad in the name and style of M/s. Neelam Bicycle and Heavy Kit on the main road just opposite to the house of the applicant.

This release application was contested by respondent No. 3. He denied that the petitioner requires the shop in question bona fide. In Para