KRISHNA PRASAD Vs. BHARAT PRASAD

JUDGEMENT

(1.) VAKALATNAMA filed by Sri G. K. Tripathi, advocate on behalf of respondent No. 2 is taken on record.

(2.) THE writ petition is taken up in the revised list. Counter and rejoinder-affidavits have been exchanged. THE writ petition is being decided finally at the stage of admission itself.

(3.) THE respondent Nos. 1 to 5 are actual owners. THE respondent Nos. 2 and 3 are sons and respondent Nos. 4 and 5 are daughters of Bharat Prasad. An application under Section 21 (1) (a) of the Act was moved for release of shop in question setting up the need of his son Ramesh Kumar, respondent No. 2, who was 42 years of age at the time of filing of the writ petition and that he met with an accident, his left leg was injured, therefore, father needed the shop bona fidely for the handicapped son. THE release application was supported by an affidavit of Ramesh Kumar, respondent No. 2 himself and case was registered as P.A. Case No. 105 of 1989, Bharat Prasad and others v. Krishna Prasad.