- (1.) Heard Sri Salil Kumar Rai, learned counsel for the petitioner and Sri Arvind Srivastava, learned counsel for the respondents.
(2.) In the release proceeding, an application 32-Ga under Section 10 CPC in Rent Control Appeal No.3 of 2014 has been filed by the petitioner before the Appellate Court with the prayer to stay the proceedings with the plea that the applicant/tenant had purchased the share of one of co-owners in the shop in question and he has been impleaded in the partition suit pending between the co-owners of the building in which the shop in question exists. The Appellate Court has rejected the application on the ground that the applicant may assert his right as a co-owner in the shop in question in an appropriate proceedings, but being a tenant he cannot say that the release application cannot proceed against him.
(3.) Challenging the order of rejection, contention of the petitioner is that the right of the petitioner to seek a partition of the house or to retain possession of the shop in question as one of the co-owners cannot be disputed in view of the assignment by the co-owner. The registered sale deed executed in favour of the petitioner has not been challenged by any of the co-owners. Now with the purchase, he became the co-owner of his share in the shop in question and, therefore, he cannot be evicted as a tenant on the personal need of another co-owner.;