110 Durga Cottage Annexy Safak Suffock Hall Compound, Tallital, Nainital.
Respondents 1 and 2 are the joint owners of a shop situated in HNo.
He died leaving behind the appellant his wife and two daughters Smt.
Khyali Ram, the husband of the appellant, was a tenant therein.
Deepa Joshi.
He, therefore, wanted to start his business in the said shop.
He draws a sum of Rs.2,000/ Rupees Two thousand only by way of pension.
An application for release of the shop was filed before the prescribed authority being Chief Judicial Magistrate, Nainital in terms of Section 21 1 a of U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972.
Hema Tiwari and Smt.
As regards companyparative hardship, it was opined that Rule 16 of the Rules framed in terms of Section 41 of the Act 13 of 1972 would number be a ground for refusing to allow a release application.
He retired from army.
They have numberconcern with the shop in question.
He was living at Nainital with his wife and children.
They are married.
B. Sinha, J. Leave granted.
This appeal is directed against a judgment and order dated 20.11.2006 passed by the High Court of Uttranchal at Nainital in Writ Petition No.
Respondent No.
581 of 2005 affirming the judgment and order dated 4.6.2005 passed by the District Judge, Nainital allowing an appeal from a judgment and order dated 22.11.2004 whereby and whereunder an application for release filed by the respondent on the ground of his bona fide requirement was dismissed.
