SHREERAM YADAV Vs. SANJAY MALL

JUDGEMENT

(1.) Heard Sri Vishnu Gupta, learned Senior Advocate assisted by Sri Shiv Om Vikram Singh Chauhan, learned counsel for the petitioner and Sri O.P. Singh, learned Senior Advocate assisted by Sri Sushil Kumar Mishra, learned counsel for the respondents.

(2.) By means of this petition filed under Article 227 of the Constitution, petitioner has assailed the order passed by the Prescribed Authority dtd. 29/11/2024 by means of which his amendment application in the written statement/ objection filed by him against the release application has come to be rejected.

(3.) Admittedly the case was instituted in 2017 and the landlord who has applied for release becomes owner of the property by virtue of sale deed dtd. 30/11/2013. The question sought to be raised by the tenant/ petitioner is that a person who steps into the shoes of owner of the property by virtue of sale deed in respect of undivided property only becomes entitled to a share of the property only and cannot have possessory rights qua such property. He has placed reliance upon a judgment of Supreme Court in the case of Gajara Vishnu Gosavi v. Prakash Nanasaheb Kamble & Others, (2009) 10 SCC 654 in which Court has relied upon the observations made by another bench of that court in the case of Ramdas v. Sitabai & Others, JT 2009 (8) SC 224, wherein it was held that "a purchaser of a co-parcener's undivided interest in the joint family property is not entitled to possession of what he had purchased. He has a right only to sue for partition of the property and ask for allotment of his share in the suit property."