K. MURUGAN Vs. ANNAI THERASA EDUCATIONAL TRUST

JUDGEMENT

(1.) The above Civil Revision Petition is filed challenging the order passed by the Subordinate Judge, Poonamallee dismissing the application filed by the defendants in I.A.No. 127 of 2019 in O.S.No.162 of 2011 to reject the plaint on the basis that the Plaint was filed by an irrelevant party who does not have any locus standi.

(2.) The brief facts leading to file the above Civil Revision Petition are as follows:

(3.) It appears that the Trust has taken on lease the suit schedule property under two registered lease documents dated 16.02.2007 (registered as document No.622 of 2007 on the file of the Sub Registrar, Vellore and another of the same date registered as document No. 623 of 2007) for the purpose of running their school under the name and style Annai Terasa Nursery and Primary School. The Trust also goes by the name and style of Annai Teresa Educational Trust. Subsequently, the plaintiff had come forward with the above suit. Since the defendants entered the school with unruly elements, damaged the school materials, locked the gate on the ground that the school has not paid the monthly rental and immediately, the plaintiff was forced to give the complaint to the police, who advised them to move to the civil Court which forced them to file a suit. In O.S.No.3948 of 2011, they had obtained an ad-interim injunction in I.A.No.7678 of 2011 on 11.03.2011 and the suit is still pending and the defendant in the suit filed a detailed counter. Despite orders of ad interim injunction, the defendant has forcibly taken the possession of the entire suit property on 09.04.2011 and therefore, the plaintiff was constrained to file the suit in O.S.No.162 of 2011 on the file of the Subordinate Court, Poonamallee, for the following reliefs: