N. MURALI Vs. TOWN MUNICIPAL COUNCIL

JUDGEMENT

(1.) This Revision Petition is directed to against the impugned judgment and order dated 29.08.2013 passed in O.S.No.442/2006 by the Senior Civil Judge & JMFC at Devanahalli rejecting the application-I.A.No.V filed by the petitioner under Order 7 Rule 11(a) and (d) of CPC for rejection of the plaint.

(2.) The brief facts of the case are that the respondent-Town Municipal Council, Devanahalli instituted a suit bearing O.S.No.442/2006 against the petitioner/defendant herein for the following reliefs: Wherefore, it is prayed that this Hon'ble Court be pleased to pass a judgment and decree in favour of plaintiff and against the defendant for recovery of sum of Rs.64,156/- along with Court cost and correct interest at contractual rate of 9% per annum from the date of suit till the date of realization and for costs and such other relief's as this Hon'ble Court deems fit and grant under the circumstances of the case in the interest of justice and enquiry and Law.

(3.) The plaint is produced at Annexure-D along with present revision petition. A perusal of the plaint averments would show, it is the specific contention of the respondent-Town Municipal Council that the petitionerdefendant was a tenant under the Town Municipal Council and that there were arrears of rent of 64,156/- due from the petitioner to the respondent which was sought to be recovered by way of the suit in the Court below.