P. DURGA Vs. OM SRI ANANDA SAIRAM DHYANAKOODAM

JUDGEMENT

(1.) The Civil Revision Petition has been instituted under Article 227 of the Constitution of India to strike off the plaint I.A.No.4 of 2021 in O.S.No.110 of 2018.

(2.) The 1st respondent instituted the Suit in O.S.No.118 of 2018 to evict the revision petitioner from the Suit Schedule Property. During the pendency of the Suit, the revision petitioner filed I.A.No.4 of 2021 in O.S.No.110 of 2018 under Order VII Rule 11 of CPC to reject the plaint. The Trial Court adjudicated the issues and dismissed the Interlocutory Application mainly on the ground that the plaint discloses cause of action and the relationship of tenant-landlord is also stated in the plaint. Therefore, the issues are to be adjudicated by way of trial. Challenging the said order, which is passed in the Interlocutory Application, the present Civil Revision Petition has been filed.

(3.) The learned counsel for the petitioner mainly contended that the Suit itself is not maintainable in view of the fact that the property belongs to the Temple and that is under the control of the HR and CE Department, Government of Tamil Nadu. The petitioner is paying the rent to the Temple and receiving receipts. While so, the Suit instituted by the respondent, who is not the owner of the property is liable to be rejected. Thus, the trial Court has not considered the preliminary issues raised in this regard and rejected the Interlocutory Application filed under Order VII Rule 11 of CPC.