FERANI HOTELS P LTD Vs. RAJ TRUST

JUDGEMENT

(1.) THE first defendant in O.S.No.1998 of 2010 on the file of the District Munsif, Coimbatore is the revision petitioner.

(2.) THE revision petitioner invoked the extraordinary jurisdiction of this court under Article 227 of the Constitution of India to strike off the pleadings in O.S.No.1998 of 2010 filed by the first respondent.

(3.) THE plaint filed by the first respondent is sought to be struck off by the revision petitioner an it stated in the grounds that the first respondent herein was the sub-tenant under the main tenant and the revision petitioner through its advocate, terminated the tenancy of the second respondent herein who was the main tenant and thereafter, the second respondent and the first respondent herein removed all their staff and belongings from the suit property by the end of February 2009 and fully vacated and abandoned the suit property and thereafter, the revision petitioner came into possession of the suit property and the rights of the second respondent/second defendant and the first respondent/plaintiff stood extinguished and respondents 2 and 3/defendants 2 and 3 as well as the first respondent/plaintiff gave up their right in the suit property as recorded in order dated 17th January 2002 passed by Honourable Mr.Justice M.L.Pendse (Retd.) in the arbitration proceedings and O.S.No.699 of 2009 was filed by the second respondent for injunction wherein the first respondent was the third defendant and thereafter respondents 2 and 3 filed another suit in O.S.No.799 of 2009 against the revision petitioner for declaration and injunction and being a party in O.S.No.699 of 2009, the first respondent is bound by the orders passed in that suit against the main tenant and therefore, the present suit filed by the first respondent is an abuse of process of law and therefore, it is liable to be struck off.