Anil Kumar, J. –

Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.

2. Facts in brief of the present case are that the landlord/petitioner moved an application for release of the shop situated at Main Road, City-Lakhimpur near Tandon cycle Bhandar which is bounded as East-Main Road, West-Puri Jewellers, North-Tandon Cycle Bhandar and South-Siddiqui Paints Shop under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972 (hereinafter referred to as Act) under the tenancy of opposite party no.1/Jitendra Kumar Gupta on a monthly rent of Rs. 600/-.

3. Need as set up by the landlord/petitioner in the release application is that he is required the shop in order to do a business and earn livelihood for his family along with his son, accordingly, a Rent Eviction Case No.7/04 has been registered before the Prescribed Authority/Civil Judge (S.D.), Lakhimpur Kheri.

4. On behalf of the opposite party no.1, written statement has been filed denying the need as set up by the landlord/petitioner in the release application and defence was also taken to the effect that landlord/petitioner has a shop adjacent to the