AFR HIGH COURT OF JUDICATURE AT ALLAHABAD Shyam Pal …..Petitioners(s)

Versus B.S. Enterprises …..Respondents(s) Counsel for Petitioners(s) : Prakash Chandra Dwivedi, Raunak Gupta Counsel for Respondent(s) : Kunal Shah, Nidhi Court No. - 35 HON’BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

Heard Sri Atul Dayal, learned Senior Counsel appearing along with Sri Prakash Chandra Dwivedi, for the petitioner and Sri Kunal Shah, learned counsel appearing for the respondent.

2. The petitioner, claiming to be a tenant in respect of a shop situated at 106/376, Gandhi Nagar, ‘P’ Road, Kanpur Nagar, at a monthly rent of Rs.500/-, has filed the present petition. The respondent–landlord instituted proceedings under Section 21(2)(a), (b) and (m) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (hereinafter referred to as “the Act, 2021”), seeking release of the premises in question on the ground that he had acquired ownership thereof by inheritance and that the same was required for expansion of his business.

2.1 In support of the application, it was averred by way of affidavit that the landlord was in possession of a non-residential area measuring approximately 150 square yards, being util