A. L. ANUSUYA Vs. RATHINAVEL

JUDGEMENT

(1.) The Civil Revision Petition has been filed by the 3 rd defendant in O.S. No. 306 of 2016, questioning the order dated 04.12.2019 dismissing I.A. No.795 of 2017, which Interlocutory Application had been filed the revision petitioner herein under Order 14 Rule 2(a) r/w Section 151 CPC to try as a preliminary issue the pecuniary jurisdiction in the first instance and decide the maintainability of the suit.

(2.) The suit in O.S. No. 306 of 2016 had been filed by the 1 st respondent herein before the Sub Court at Kanchipuram, seeking a judgment and decree in the nature of a declaration that the 1 st respondent herein/plaintiff is entitled to remain in possession and enjoyment of the suit 'A' Schedule property as a tenant and consequently permit him to deposit the rent into Court till the disputes among the defendants are settled and for a permanent injunction restraining the defendants from interfering with peaceful possession and for costs of the suit. The suit 'A' Schedule property was vacant land in Nellukara Street, Kanchipuram.

(3.) It must also be mentioned that the revision petitioner herein also had filed a suit in O.S. No. 220 of 2016 before the District Munsif Court at Kanchipuram with respect to the same property, in which the 1 st respondent herein was shown as the 2 nd defendant, seeking a permanent injunction restraining the defendants from interfering with peaceful possession and for costs of the suit.