SHITLA PD. SRIVASTAVA, J. This writ petition, under Article 226 of the Con stitution of India, has been filed by the petitioner for quashing the order dated 22-10-1997 and order dated 16-8-1995 passed by the respondent Nos. 1 and 2. 2. The brief facts, for the purpose of the present writ petition, are that the landlord Brij Mohan Lai, respondent No. 3, filed a release application under Section 21 (l) (a) of the U. 8 Act No. 13 of 1972, in short hereinafter referred to as the Act only. The grounds stated in the application was that he has retired with effect from 31-10-1985 and is lying idle and his expen ses are heavy due to the illness of his wife and he is going to start another business of the Sarrafa ; he is not getting any shop in the District of Shaharanpur, t herefore, the shop in dispute is required by him frbm which he could start business. 3. The case was contested by the petitioner on the allegation that the landlord has no intention to start business in District of Saharanpur. He wants to settle down in America where one of his son has settled down and two sons are employed and they are staying out of Saharanpur; that the landlord is an old man and he is not in a position to start his old business ; that the landlord has a huge income from agricultural sources and from money lending business. He has fur ther stated that the entire family of the petitioner was dependent on the income from the business being done from the shop in dispute; he was the tenant for the last 37 years and has gained a good will. 4. The Prescribed Authority allowed the release application on 16-8-1995. The petitioner filed an appeal against the judg ment and order of the Prescribed Authority. This appeal was dismissed on 22-10-1997 by IVth Additional District Judge, Saharanpur. These two orders are under challenge in this writ petition. 5. The grounds of attack to the aforesaid judgments are that there was no need of the applicant. Counted and rejoinder affidavits have been exchanged between the parties. 6. Learned Counsel for the petitioner has urged that from the evidence it was apparent that the landlord had no per sonal need to start the business but finding has been given against the evidence. Counted and rejoinder affidavits have been exchanged between the parties. 6. Learned Counsel for the petitioner has urged that from the evidence it was apparent that the landlord had no per sonal need to start the business but finding has been given against the evidence. His further contention is that a transfer ap plication was filed against the Presiding Officer but the court below has not con sidered the effect of the transfer applica tion. Learned Counsel for the respondent has urged that the finding of fact has been recorded by the two courts below which does not require any interference under Article 226 of the Constitution. The Prescribed Authority has considered the evidence available on record and came to the conclusion that the applicant is an unemployed person and he is in need of the accommodation in question. He has also considered the comparative hardship and held that the tenant only sits on the shop in question. He does Dalali business and has not cared to such alternative accommoda tion therefore, the comparative hardship is in favour of the applicant. This findingof the Prescribed Authority was also con sidered by the lower appellate Court and it was affirmed. 7. Learned Counsel for the petitioner has urged that the only inquiry con templated by Section 21 (l) (a) is regarding the bona fide requirement of the landlord. The need is to be judged as an objective fact by the Rent Control Authorities and is based on hard reality. It is not a question of sentiment or desire not based on reality. The need has to be assessed on the con sideration of facts of each case and accord ing to a reasonable appreciation. The standard of need would vary according to the circumstances of each case and of the need of the landlord in a particular case. For that purpose he has placed reliance on a case reported in AIR 1976, Allahabad, 328, Full Bench of this Court Chandra Kumar Sah & Anr. v. The District Judge & Am. . He has further placed reliance on a case reported in 1979, U. P. Rent Control Cases, 599 Smt. Gindori Devi v. Ilnd Addi tional District Judge & Ors. , for the purpose that bona fide need means that landlord requires it honestly. v. The District Judge & Am. . He has further placed reliance on a case reported in 1979, U. P. Rent Control Cases, 599 Smt. Gindori Devi v. Ilnd Addi tional District Judge & Ors. , for the purpose that bona fide need means that landlord requires it honestly. He has also urged that as the petitioner has himself admitted that he is a retired person, therefore, he must be an old person. In such circumstances the court should have asked the landlord to furnish full details of nature of exact busi ness and his capital etc. in this respect. For this purpose he has placed reliance in a case reported in 1994 (2) ARC 429, Ram Kishan Das v. Vth Additional District Judge, Bijnor & Ors. Further reliance has been placed in a case reported in 1989 (2) ARC 99, Alokbrothers (Tea) Pvt. Ltd. , Kanpurv. VIHth Additional District Judge, Kanpur Nagar & Ors. , where the court interpreted the word bona fide requirement. In this case the Court held that the bona fide requirement of the landlord must be con sidered. It was further held that the Court must invariably consider the nature of the need set up by the landlord in the light of the surrounding circumstances whether the landlord really needs the accommoda tion for the required purpose having regard to the suitability of that accom modation for the said purpose. His con tention was that as the petitioner wants to start some business. But since he was an old person therefore, the court should have considered this aspect of the case. For the same purpose he has also placed reliance on a case reported in 1990 (1), ARC 148, Smt. Dyman Prabha Dogra v. Smt. Kusum Lata Srivastava & Anr. His contention is that rejection of the evidence by lower court on flimsy ground involves a substantial question of law, the High Court should interfere in the matter. For this purpose he has placed reliance on a case reported in A. I. R. 1997 S. C. 1906, Major Singh v. Ratan Singh. 8. His contention is that rejection of the evidence by lower court on flimsy ground involves a substantial question of law, the High Court should interfere in the matter. For this purpose he has placed reliance on a case reported in A. I. R. 1997 S. C. 1906, Major Singh v. Ratan Singh. 8. Sri Rajesh Tandon learned Coun sel for the respondent has urged that both the courts below have considered the evidence available on record in detail, in come of the applicant, source of income and position of the sons and then came to the conclusion that the applicant requires accommodation in question and his need is genuine is finding of fact and mere old age cannot be a ground for rejection of the application. He has placed reliance on a case reported in 1984, U. P. P. . C. C. 377, Smt. Uma Devi & Anr. v. 1st Additional District Judge, Kanpur & Ors. His further contention is that even if the landlord has sufficient income from the pension and gratuity that will not be a ground for the rejection of the application because the income of the Landlord are private affairs and no tenant can be permitted to resist release on such ground. For this purpose he has placed reliance on a case reported in 1991 (1), A. R. C. 283, Baidyanath Das v. District Judge, Allahabad & Ors. He has also placed reliance in a case reported in 1990 (1), ARC 435, Ram Prakash Gupta v. 1st Additional District Judge, Badaun & Ors. , for the purpose that if a landlord of more than 65 years old after retirement wants to live separately from his sons and intends to start business such need is of bona fide need and he cannot be compelled to contract a new shop and start his busi ness there. 9. After hearing learned Counsel for the parties at length and going through various decisions and seeing the record I am of the view that the finding of fact have been recorded on appreciation of evidence available on record and that finding of fact has been affirmed by the lower appellate Court, which cannot be interfered with under Article 226 of the Constitution of India, as the finding of fact is not based on flimsy evidence or irrelevant evidence the writ petition has no merit. 10. 10. In the result, the writ petition fails and is dismissed. There shall be no orders as to costs. Petition dismissed