Hon’ble Sudhanshu Dhulia, J. (Oral)

1. This is a tenant’s writ petition. The release application of the landlord/respondent no.1 was filed under Section 21(1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (from herein after referred to as the “Act No. XIII of 1972”) on 15.10.2001 before the Prescribed Authority/Civil Judge (Senior Division), Dehradun. In the said application, the landlord/respondent respondent no.1 had set up need for himself stating that he is retired from the post of Lieutenant Colonel from the Indian Army and he has to set up business for himself. He further stated that his son is also unemployed. In short, he set up the bona fide need for himself as well as for his son. This release application was dismissed by the Prescribed Authority on the grounds that the petitioner though retired from Indian Army on 31.07.2000 but has got reemployed for two years and since he is presently reemployed, thus, his bona fide need cannot be considered. As regarding the comparative hardship, the Prescribed Authority gave a finding that in case the shop is released in favour of the landlord, the tenant will have to face more hardsh