Anil Kumar, J. –

Heard Sri Mohd. Arif Khan, learned senior counsel assisted by Mohd. Adil Khan, learned counsel for petitioner, Sri Aftab Alam, learned counsel for respondent/landlord and perused the record.

2. Facts in brief of the present case are that Sri Mohd. Sohaillandlord moved an application under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U.P. Act No. 13 of 1972 (hereinafter referred to as the 'Act') for release of the premises under the tenancy of the petitioner/Mohd. Iliyas which is portion of house No. 165/1, Maulviganj, Hata Khan Faquir Mohammad, P.S. Aminabad, District Lucknow comprises of one room in the ground floor on a monthly rent of Rs. 250/-.

3. Need as set up by the landlord in his release application under Section 21(1)(a) of the Act is that he wants to set up an independent business for his son from the shop under the tenancy of the petitioner. On behalf of tenant a written statement has been filed through his wife as at the relevant time he was in Saudi Arabia and from the shop in question electric repair work was carried on under the supervision of his wife with the help of other electricians.

4. By