ORDER

S.D. Agarwala, J. - This is a petition under Article 226 of the Constitution of India arising out of proceedings under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972, hereinafter referred to as the Act. The petitioner is the landlord, respondent No. 3 is the tenant. The property in dispute is a shop situate in Bulandshahr.

2. The petitioner filed an application under Section 21 (1) (a) of the Act on the ground that he was due to retire on 30th June. 1978 and thereafter it would become necessary for him to engage himself in some business to earn his livelihood. The applicant did not want to depend upon his three sons who are all employed. It was alleged that he wanted to start Crockery business. The application was contested by the respondent No. 3. The Prescribed Authority held that the requirement of the petitioner was not bona fide and genuine. It was further found that greater hardship would be caused to the tenant from the grant of the application than to the landlord in case the application is rejected. On this finding, the Prescribed Authority dismissed the application on 29th September, 1978. Against the said judgment