Sunita Agarwal, J. –

By means of the present writ petition, the order of the Appellate Court below in rejecting the release application is under challenge. The release application has been filed for the need of the landlord and his son. It is categorically stated in paragraph no. 2 of the release application that there exist 5 shops on the ground floor of the premises in question out of which two shops namely shop no. 2 and shop no. 5 are in the tenancy of the respondent (Krishna Swaroop). Initially shop no. 2 was given on rent but later on shop no. 5 was also leased out to the respondent.

2. With the passage of time, the petitioner's sons have grown up and his third son Tushar Gaurav wanted to start his business in the shop in question The prayer was made to release one shop of smaller area of 5'x11.5' shop no. 2 in the tenancy of the respondent. Another shop no. 5 measuring 7'x10.5' will still be under his tenancy. There is no dispute about the area of two shops.

3. The release application was allowed by the Prescribed Authority with the finding that the petitioner needed the shop in dispute namely shop no. 2 for his son Tushar Gaurav. The contention of the respondent that