Poonam Srivastav, J. - (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. Heard Sri Atul Dayal, learned counsel for the petitioner and Sri G. K. Tripathi, learned counsel appearing for respondent No. 2. The writ petition arises out of proceedings initiated at the instance of the landlord under Section 21 (1) (a) of U. P. Act No. 13 of 1972 (hereinafter referred to as "the Act"). The premises C K 52/21 Raja Darwaja, Varanasi, is a three storied building. There are three shops on the ground floor. One of the three shops is in the tenancy of the petitioner. Initially, the rent was Rs. 53.75 paise per month. Subsequently, rent was enhanced to Rs. 70 per month w.e.f. 1.6.1985. The tenant continues to pay rent at the rate of Rs. 70 per month for the shop in question till date.
(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. The petitioner filed his written statement/objection denying the need of Ramesh Kumar. The objection raised by the petitioner/tenant was that respondent No. 2 is now cured and almost normal but for slight limp, which could be deciphered while walking. The claim of the landlord that respondent No. 2 was a disabled person and cannot run big shop of stainless steel utensils in Thatheri Bazar, is a false assertion. The said shop is admittedly run by the landlord and his son. A fabricated ground is set up with a view to get the shop in question released and earn heavy premium.;