JUDGMENT :

1. This is a landlord's writ petition, arising out of proceedings for release 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').

2. The facts giving rise to this writ petition are these :

Natthoomal son of Daulatram instituted proceedings against Giriraj Dharan son of Surajbhan for release under Section 21(1)(a) of the Act, with the allegations that he is the owner and landlord of a shop, bearing Municipal Premises No. 127/82-A, Kachchi Sarak, Shahganj Darwaza, District Mathura. Giriraj Dharan is a tenant in the said shop at the rate of Rs.70/-per month, excluding taxes. Giriraj Dharan has been in arrears of rent since 01.08.1999. Natthoomal, who shall hereinafter be called 'the landlord', has a shop located to the south of the shop in the tenancy occupation of Giriraj Dharan. The shop in Giriraj Dharan’s tenancy shall hereinafter be called 'the demised shop'.

3. The landlord carries on the business of a jeweller in his shop aforesaid, dealing in silver jewellery. Along with the landlord, one of his sons, Rupesh Kumar also does business in the same shop as the l