JUDGMENT :

1. Heard Mr. A.Z. Siddiqui, learned counsel for petitioners and Mr. Sanjay Kumar Srivastava, learned counsel for opposite party no.3.

2. Vide order date 17.01.2023, notices to opposite parties 1, 2 & 4 to 9 being merely proforma in nature was dispensed with.

3. By consent of learned counsel for parties and since pleadings are already complete, petition is being decided at the admission stage itself.

4. Petition under Article 227 of the Constitution of India has been filed assailing judgment and order dated 26.05.2022 passed in P.A. Suit No.01 of 2015 instituted by opposite party no.3 against petitioners for ejectment and arrears of rent and damages. The appellate judgment dated 15.12.2022 passed in Misc. Civil Appeal (Rent) No.13 of 2022 whereby the judgment of Prescribed Authority has been upheld is also under challenge.

5. Learned counsel for petitioner submits that the property in question which was residential in nature was earlier in the coparcenership of one Bhola Nath, Smt. Raj Rani and Prahlad Prasad. It is submitted that during the life time of Bhola Nath, the parties were settled in their own portion of the aforesaid property and the predecessor in interest of petit