YOGRAJ Vs. RAM KUMAR GUPTA

JUDGEMENT

(1.) The present writ petition has been filed under Article 227 of the Constitution of India by the Petitioners, who claim to be the landlords of the premises in dispute, assailing the judgment dtd. 15/12/2011 passed by the learned Additional District Judge, Rishikesh, District Dehradun in SCCR No. 49 of 2010 (Ram Kumar v. Yograj and another).

(2.) By the impugned revisional judgment, the learned Revisional Court allowed the revision preferred by the Respondent tenant and set aside the judgment and decree dtd. 23/11/2010 passed by the learned Civil Judge (Senior Division), Rishikesh in SCC Suit No. 57 of 1996 (Yograj and another v. Ram Kumar), whereby the suit for eviction filed by the Petitioners was decreed.

(3.) The Petitioners claim ownership and landlordship over the property bearing House No. 43 (also described as 42/47), Advaitanand Marg, Rishikesh, District Dehradun, on the basis of a registered sale deed dtd. 5/2/1985, executed in their favour by Shri Gulshan Khosla, nephew and legatee of the original owner Late Smt. Kaushalya Devi, who had earlier executed a registered Will dtd. 29/11/1978.