Mrs. Sunita Agarwal, J. –

By means of the present writ petition, the petitioner is challenging the findings on bona fide need and comparative hardship recorded by two Courts below in the proceedings under Section 21(1)(a) of U.P. Act No. 13 of 1972 for release of the shop in question.

2. The need set up by the landlady in the release application was to establish her son in an independent business. The release application was contested by the tenant on the ground that the son of the landlady was doing business in a shop at Manniganj Bazaar.

3. In rebuttal, the landlady filed her affidavit before the Prescribed Authority to submit that the shop at Manniganj is occupied by her husband wherein he was doing his business. The son of the landlady was helping his father and he has a family to support. He needs to start his independent business in order to augment his income to support his family.

4. Challenging the release order, the submission of learned counsel for the petitioner is that the Appellate Authority has erred in rejecting the application for additional evidence and in passing an ex-parte order on the same day affirming the order of release passed by the Prescribed Authori