CHANDER MUKHI SHARMA Vs. RAJESH SOOD

JUDGEMENT

(1.) RESPONDENT - Rajesh Sood, a practising Advocate of about 11 years standing (as the material obtaining on the file), purchased House No. 3158, Sector 23-D, Chandigarh (a three-storeyed residential accommodation) from its owners, namely Smt. Shubh Kanta Sharma, Rajiv Kumar Sharma and Anil Kumar Sharma. The impugned purchase (by means of sale-deed dated 3.9.2003) was for a consideration of Rs. 15 lacs. The purchase was made jointly by the respondent and his brother Sandeep Sood, who is presently living overseas. The petitioners are in occupation of ground floor of the premises aforementioned as tenants. A family settlement, as between the petitioner and his brother Sandeep Sood, followed on 18.10.2003. In pursuance thereof, the ground floor portion fell to the share of the respondent. He filed an eviction application on various pleas including bona fide personal necessity. The plea was declined by the learned Trial Court, vide judgment dated 2.12.2005. In a finding of reversal, the learned Appellate Authority allowed the appeal filed by the respondents-landlord upholding his plea of bona fide personal requirement and directed the tenant-petitioners to hand over the vacant possession of the premises under reference to the landlord-respondent within three months w.e.f. the date of judgment.

(2.) THE tenants are in revision.

(3.) IN support of the averment that a tenant would have locus standi to prove the sham character of a partition deed of the indicated category, the learned counsel for the petitioners relied upon Vasdev Nath v. Jagdish Parshad Gupta and others, 1993(1) RLR 23.