JUDGMENT :

Siddharth, J.

Heard Sri Manish Tandon, learned counsel for the petitioner and Sri Manas Bhargava, learned counsel for the respondent No. 1.

2. This petition has been filed under Article 227 of the Constitution of India praying for setting aside the judgement and order dated 8.4.2021 passed by Additional District Judge, Court No. 19, Kanpur Nagar, in Rent Revision No. 40/2015 (Anil Kumar Agrawal v. Saurabh Jain and another) and also the orders dated 29.12.2014 and 16.9.2015 passed by Rent Control and Eviction Officer/City Magistrate, Kanpur Nagar in Case No. 16 of 2012 (Guru Prasad Tiwari v. Arun Kumar Agrawal).

3. The facts of the case are that respondent No. 1, Saurabh Jain, filed a release application against one Arun Kumar Agrawal, stating that he is the owner of the Shop No. 26/34, Birhana Road, Kanpur Nagar and Arun Kumar Agrawal is the tenant of the shop on the rent of Rs. 726/- per month and carrying out the business of homeopathic medical store and P.C.O. The aforesaid house is about 60 years old and the provisions of TheUttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'Uttar Pradesh Act No. 13 of 1972') apply thereto. The respondent No. 1 is doing private job and earning Rs. 4,000/- per month and has family liability of looking after his father, mother, wife and his minor son. He wants to do business in the shop in dispute and has pressing need of the same. He will open shop of toys of children and gift item since he is having degree of B.COM and has worked as salesman of toys of children for four years. The opposite party, Arun Kumar Agrawal, has no need of the same and has occupied the same only for extracting money from him. He can get another shop on rent easily and prayed that the shop in dispute may be released in his favour. The aforesaid application was registered on 6.12.2008 as Rent Case No. 13 of 2008 by the Prescribed Authority/IIIrd Additional Civil Judge (Senior Division), Kanpur Nagar.

4. The aforesaid Rent Case No. 13 of 2008 was dismissed for want of prosecution on 31.10.2009. It was subsequently restored but again dismissed for want of prosecution on 28.1.2014. In the meantime, respondent No. 2, Guru Prasad Tiwari filed an allotment application dated 16.8.2011 praying that the shop in dispute may be allotted in his favour before the Rent Control and Eviction Officer/City Magistrate, Kanpur Nagar. The Rent Control Inspector inspected the shop and found the applicant in the shop. The applicant informed the Rent Control Inspector that earlier his father was owner of the Shop No. 26/34 B-1, Birhana Road, Kanpur Nagar, and because of family problems, he sold the part of House No. 26/34 B-1, Birhana Road, Kanpur to Saurabh Jain, respondent No. 1 in the year 1993-94. In the aforesaid house below the stores on the ground floor, his cousin, Vinod Kumar Agrawal, used to run a P.C.O., in his partnership. In the firm, Arun Homeo Agency, Arun Kumar Agrawal and Anil Kumar Agrawal, sons of late Murari Lal Gupta, are partners. Vinod Kumar Agrawal had nothing to do with their firm. He was paying rent of Rs. 600/- per month to the respondent No. 1 which is now being paid @ Rs. 1000/- per month. The respondent No. 1 had filed a Rent Control Case No. 13 of 2008 which has been decided on 31.10.2009 in his favour and it has been reopened and is pending only to harass him. Its proceedings have been initiated. His license of running the Arun Homeo Agency has been renewed from 18.12.2008 to 31.12.2013. The petitioner filed his written objection to the report on 30.9.2011 and respondent No. 1 also filed his objection on 19.9.2011. The allotment application was registered as Case No. 16 of 2012 and vide ex parte order dated 29.12.2014, the Rent Control and Eviction Officer declared the shop in dispute as vacant. The petitioner filed a recall application before the Rent Control and Eviction Officer for recalling the ex parte order dated 29.12.2014 which was rej