STATE BANK OF INDIA Vs. GOPAL ALIAS GOPALAN

JUDGEMENT

(1.) THIS Civil revision petition has been preferred against the order dated 19-12-2007 made In LA. No. 1004 of 2007 in o. S. No. 56 of 2007 on the file of the First additional District Munsif Court, Erode.

(2.) THE revision petitioner herein is the first defendant in the suit. The first respondent being the plaintiff in the suit has alleged that the revision petitioner is trying to evict him forcibly from the suit property. The first respondent herein as per the plaint is the tenant under the second respondent paying rent regularly. However, based on a mortgage obtained by the revision petitioner herein, the revision petitioner is trying to evict the first respondent from the suit property. He has also alleged that the cause of action arose on 1 -1 -2001 when the plaintiff took the suit property on a lease agreement and continued his possession and on 4-9-2007, when the first defendant was trying to dispossess the first respondent/plaintiff.

(3.) MR. M. Devaraj, learned counsel appearing for the revision petitioner submitted that there is no cause of action to maintain the suit. However, it is seen from the averments made in the plaint that there is a cause of action alleged by the first respondent/plaintiff as stated earlier for the prayer sought for and to maintain the suit pending before the Court below. The prayer sought for is permanent injunction restraining the first defendant, his men or agent etc. , from in any manner dispossessing the first respondent/plaintiff from the suit property, except under due process of law. Learned counsel appearing for the petitioner would also submit that it is a suit filed under Order VII, Rule 11 of cpc arid also Section 34 of the Securitisation Act. Order VII, Rule 11 of CPC reads as follows :