VAITHIYANATHAN Vs. DHARMAPURAM ADHEENAM

JUDGEMENT

(1.) THIS Civil Revision has been preferred, challenging the order and decretal order, dated 28.09.2010 made in E.A.No.100 of 2009 in E.P.No.101 of 2008 in the suit in O.S.No.84 of 2002 on the file of the Additional Subordinate Judge, Mayiladuthurai.

(2.) IT is seen that the suit in O.S.No.84 of 2002 was filed by the respondent herein against one Muthukumarasamy, seeking a Judgment and Decree for evicting the defendant therein and also to direct the defendant to pay a sum of Rs.28,350/ - as arrears of rent till 28.02.2002 and for other consequential relief.

(3.) MR .K.Kumar, learned counsel appearing for the petitioners / judgment -debtors submitted that the respondent herein, could have filed only a Rent Control Original Petition and not a suit, hence, the suit filed by the respondent and the decree passed in the suit are nonest in the eye of law.