S. HEERACHAND JAIN Vs. T. NAMASIVAYAM

JUDGEMENT

(1.) This Revision Petition has been filed by the 2 nd defendant in O.S. No.4708 of 2018, pending on the file of the XVI Assistant City Civil Court, Chennai, aggrieved by the order dated 29.01.2021 dismissing the application in I.A. No.1 of 2019 filed by him under Order VII Rule 11 CPC to reject the plaint.

(2.) O.S. No. 4708 of 2018 has been filed by the respondent herein seeking a judgment and decree in the nature of permanent injunction restraining the defendants from interfering with peaceful possession and enjoyment of a shop portion in the name and style of Vijaya Sundhari Chats measuring 100 sq.ft., in No. 81/39, Avathana Pappair Street, Choolai, Chennai 600 012, except by due process of law.

(3.) In the plaint it had been stated that the 1st defendant, S. Mekala was the absolute owner of the property and that the plaintiff, T. Namasivayam entered into an unregistered lease agreement with her on 30.06.2010 and had paid an advance of Rs. 2,50,000/- (Rupees two lakhs and fifty thousands only). When the lease expired on 29.06.2015, the 1st defendant demanded a further sum of Rs. 2,50,000/- (Rupees two lakhs and fifty thousands only) and the plaintiff paid the said sum and entered a fresh lease agreement. The plaintiff claimed tht he had been running the shop without disturbance for the past eight years.