HEMANT GUPTA, J. - (1.) THE present revision petition is directed against the order dated 22.1.2002 passed by the Appellate Authority, Patiala holding that the appeal against the dismissal of the ejectment petition is not maintainable before the Appellate Authority.
(2.) THE petitioner herein filed an ejectment petition against the respondents alleging therein that petitioner No. 1 purchased the property in dispute on 11.3.1988. It has been held that respondent Nos. 1 and 2 are tenants and they have parted with the possession of premises in favour of respondent Nos. 3 to 6 without the written consent of the landlord. In reply, the respondents have taken a stand that respondent Nos. 3 to 6 entered into partnership with respondent Nos. 1 and 2 under the name and style of M/s Aggarwal Sanitation. Sh. Ranbir Chand Nirola died on 24.8.1997 leaving behind Sandeep Nirola, Sunil Nirola, Suman Bassi and Sangeeta Arora as legal heirs. Only Sandeep Arora as legal heir of deceased Ranbir Chand Nirola. However, respondent No. 3 purchased 1/4th share of property from Sunil Nirola who is one of the legal heirs vide sale deed dated 17.5.1999 and as such he become co-owner with other legal heirs of deceased landlord. Under these circumstances, he prayed in an application that the ejectment petition is liable to be dismissed and no effective order of ejectment can be passed against the respondents.
(3.) THE petitioner contested the said application. It was stated that respondent Nos. 3 to 6 are in exclusive possession of the demised premises. The alleged partnership is only a paper transaction. It is alleged that Sandeep Nirola is the sole legal heir after the death of his father-Ranbir Chand Nirola on the basis of holograph Will. Learned Rent Controller found that after the purchase of the property by respondent No. 3, ejectment petition is not maintainable and dismissed the same.;