JUDGMENT :

J.J. MUNIR, J.

1. This is a writ petition by the landlord, who was successful in proceedings for release under Section 21(1)(a) of the U.P. Act No. 13 of 1972 (for short ‘the Act’) before the Prescribed Authority, but failed before the Appellate Authority.

2. Damodar Das, the landlord filed for release of shop bearing No. 193, situate at Mohalla Sarrafa Bazar, Jhansi, under Section 21(1)(a) of the Act, that was in the tenancy occupation of Ram Swaroop Ghura. The application was registered on the file of the Prescribed Authority/Judge, Small Cause Court, Jhansi as P.A. Case No. 63 of 2007.

3. The landlord's case in brief was that he is the owner and landlord of shop No. 193 aforesaid (for short ‘the demised shop’). The demised shop had fallen to his share in a family settlement. Ram Swaroop Ghura, who shall hereinafter be referred to as ‘the tenant’ was in occupation thereof on a monthly rent of Rs. 100/-. The tenancy commences on the 24th of each English Calendar month and ends on the 23rd following. The tenant has not paid rent since 25th January, 2000 and is in default. Separate proceedings are being taken on that ground. The landlord has no other shop available to him, ex