V G LOGANATHAN Vs. M BALAKRISHNAN

JUDGEMENT

(1.) These revision petitions arise under peculiar circumstances. Petitioner, who is not a co-nominee party in the suit but who is really affected person has filed this revision. He has come to Court with the grievance that he was dispossessed without notice and with the help of Police and with further grievance that lower Court also did not apply its mind in passing various orders in the suit and in various I.As.

(2.) Petitioner herein filed a suit as O.S. 1421 of 1997 on the file of District Munsif-cum-Judicial Magistrate, Thiruvottiyur against first respondent herein for permanent prohibitory injunction restraining him from interfering with his possession. In the suit he alleged that he is tenant of the premises bearing old Door No. 48, New No. 44, Nethaji Street, Ponniammanmedu, Chennai-110 and the same consist of a rice mill and house property. The monthly rent was fixed at Rs. 5,000/- which was subsequently increased to Rs. 7,000/- per month. According to him, the tenancy began in the year 1988.

(3.) It is further alleged that from the year 1997, first respondent with ulterior motive nagging plaintiff to vacate both rice mill as well as house. Since first respondent was persistently demanding to vacate the property, rice mill alone was handed over to him on 7-7-1997, and he continued in possession of house property as its tenant. But first respondent continued to demand vacant possession in the months of September, October and November, 1997 and finally on 6-12-1997, first respondent created a scene before the house which ultimately resulted in filing suit for permanent prohibitory injunction restraining first respondent from dispossessing forcibly and except by due process of law. An ad interim injunction was also obtained and it is seen that on the basis of an order in Transfer C.M.P. 18257 of 1998, the case was transferred to City Civil Court, Madras and renumbered as O.S. 4302 of 1999. In this connection it may also be worthwhile to note that after the case was transferred to City Civil Court, petitioner's counsel Mr. V. Sairam wrote a letter to first respondent on 27-7-1999 informing him that the suit has been transferred from Thiruvottiyur to City Civil Court, Madras and renumbered as O.S. 4302 of 1999 and the case is posted on 2-11-1999. First respondent was also aware of the transfer since he was also heard by this Court when the order of transfer was made on 20-3-1999. First Respondent's counsel was one R. Perumalswamy. The suit is still pending.