JUDGMENT :

1. This is a tenant's writ petition, challenging an order of release and eviction under Section 21(1)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (for short, ‘the Act’) passed concurrently by the two Authorities below.

2. Shyam Sundar Gupta moved an application for release and eviction under Section 21(1)(a) of the Act before the Prescribed Authority (Civil Judge, Sr. Div., Shahjahanpur), seeking release of the shop, detailed at the foot of the application and currently in the tenancy occupation of Smt. Kusum Lata, the petitioner. The application was moved by Shyam Sundar Gupta, hereinafter referred to as 'the landlord' with a case that the shop, subject matter of proceedings (for short, 'the demised shop') was exclusively owned by the landlord. The demised shop had fallen to the landlord's share in a family settlement on 24.04.1998, a fact admitted to Smt. Kusum Lata. Smt. Kusum Lata has, later on in proceedings before the Courts below, been referred to as Smt. Kusum Gupta. It is clarified that Smt. Kusum Lata and Smt. Kusum Gupta are one and the same person. For the sake of convenience, Smt. Kusum