UMA RAVANAN Vs. VIGNESH WEIGHERS

JUDGEMENT

(1.) BOTH the revisions have been filed under Article 227 of the Constitution of India, for the relief of rejecting the plaint in O. S. No. 4153 of 2007 and O. S. No. 4154 of 2007 on the file of V Assistant Judge, City Civil Court, Chennai and to struck of both the cases from his file.

(2.) ACCORDING to the revision petitioner / the defendant in O. S. No 4153 of 2007 and O. S. No. 4154 of 2007, the respondent/plaintiff is only a worker under her husband Ravanan and was receiving the monthly rent from the said Ravanan. The property involved in the suits are two weigh bridges viz. , Sri Vignesh Weighers and Sri Sooriya Weighers. Sri Vignesh Weighers is the subject matter of O. S. No. 4153 of 2007 and Sri Sooriya Weighers is the subject matter of O. S. No. 4154 of 2007. According to the revision petitioner suppressing these facts, the plaintiff/respondent herein Thiru K. Harikrishnan had filed the above said suits against Mrs. Uma Ravanan for injunction which is according to the revision petitioner is not maintainable under law since the plaintiff in both the suits has no cause of action to file the suits. According to the revision petitioner, the plaintiff in both the suits had abused the process of law by filing false, frivolous, vexatious suits on a bogus and false claims without impleading the proper and necessary parties viz. , the children of Mrs. Uma Ravanan/defendant.

(3.) BOTH the revision petitions were resisted by the respondent on two grounds one being that the revision petitioner cannot invoke Article 227 of the Constitution of India, if he has an alternative remedy. The second being without controverting the plea of the plaintiff in the plaint by way of filing written statement or counter, the revision petitioner cannot straightaway rushed to this Court with these revision petitions.