M.Saharban Begum, v. S.Palanisamy

ORDER The present Civil Revision Petition has been filed against the fair and decreetal order, dated 14.02.2023 in I.A.No.457 of 2022 in O.S.No. 141 of 2022 on the file of the District Munsif Court, Thiruvaiyaru, Thanjavur District.

¶2The petitioner is the defendant in O.S.No.141 of 2022 before the District Munsif Court, Thiruvaiyaru, Thanjavur District. The said suit has been filed by the respondent for the following relief: " Hence it is prayed that this Hon'ble Court may be pleased to pass a decree and judgment for permanent injunction in favour of the plaintiff not to vacate him except under due to process of law from the suit property as lessee and also pass suitable orders in the circumstances and thus render justice.

(a) Process of law from the suit property and also pass suitable order in the circumstances and thus render service."

¶3The cause of action in Paragraph No.VI reads as under: "VI. The cause of action arose when the date of the plaintiff father inducted as lease in the suit property and after died the plaintiff is continuously the cultivating in the suit property on 26.08.2022 by the date of disturb the possession of the plaintiff by the defendant and her men with subsequent dates."

¶4The petitioner has also filed a written statement in the above suit on 31.10.2022. Thereafter, the petitioner has filed I.A.No.457 of 2022 under Order VII Rule 11 of C.P.C. The averments in the affidavit filed by the petitioner in I.A.No.457 of 2022 reads as under:

¶1I am the Petitioner herein and the Defendant in the suit.

¶2The Respondent herein filed a suit for permanent Injunction against me alleging that he is cultivating the suit property from his father days. The Respondent/Plaintiff did not mention the name of the crop he raised in the suit property and also did not mention about the quantum of rent and the mode of payment of rent in the plaint. The Respondent/Plaintiff also did not mention about the terms of Tenancy and whether it is oral or in writing in the plaint. The Respondent/Plaintiff also any receipt for the alleged payment of rent. The Documents produced by the Respondent/Plaintiff did not going to show the existence of Tenancy cultivation in the suit property on plain reading of the plaint filed by the Respondent/Plaintiff, it is clear that there is no evidence regarding the allegation of possession by him through tenancy agreement.

¶3I humbly submit that the Respondent/Plaintiff in a figment imagination filed the suit only by making false and vexatious allegations against me. The suit filed by the Respondent/Plaintiff is an abuse of process of law, The suit is perse not maintainable. In such suits there is no need to conduct detailed trial of the suit by wasting the time of this Hon'ble court Therefore in order to shorten the litigation I am advised to file an application to reject the plaint. The contents of the written statement filed by me may kindly be treated as part and parcel to this affidavit. Unless the suit is rejected I will be seriously prejudiced. There is no merit in the plaint. of It is therefore just and necessary that this Hon'ble court may kindly be pleased to pass an order reject the plaint and pass such other orders that are deemed necessary in the circumstances of this case and thus render justice.

¶5The respondent/plaintiff also filed a counter. The District Munsif Court, Thiruvaiyaru, Thanjavur District has dismissed the above application filed by the petitioner with the following observations: "3.vjpUiuapd; RUf;fk;: kDjhuh; jhf;fy; nra;Js;s ,t;tof;F rl;lg;gbAk; epahag;gbAk; epiyf;fj;jf;fjy;y. vLj;j vLgg; pNyNa js;Sgb nra;ag;gl Ntz;ba xd;whFk;. kDjhuh;/gpujpthjp fhuzk; ,y;yhky; tof;Fiuia epuhfhpg;gjw;fhf kD jhf;fy; nra;Js;shh;. kDjhuh;/gpujpthjp tof;Fiuia epuhfhpf;f Nfhhp jhf;fy; nra;Js;s kDtpy; vjph;kDjhuh; thjciuapd; NghJk; Fj;jifapd; tpjpKiwfs; tha;nkhopah my;yJ vOj;Jg;G+h;tkhf cs;sjh vd;gijf; Fwpg;gplTk; ,y;iy vdW; $WtJ rhpay;y. Vnddpy; vjph;kDjhuh; jhth nrhj;jpy; cs;s cilik gw;wpa mlq;fy; Mtzk; jhf;fy; nra;jpUe;jhh;. c.tp.e.K.r. fl;lis 7 tpjp 11d; fPo; gpd;tUk; fhuzq;fspd; mbgg; ilapy; ,e;j tof;Fiuia epuhfhpf;fg;gl Ntz;Lk;.

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6.thjp NfhhpAs;s ghpfhuk; tof;fpd; KO tprhuizf;Fg; gpwF jhd; ep&gpf;f KbAk;.

4.(i)kDjhuh; kw;Wk; vjph;kDjhuh; jug;gpy; vt;tpj rhl;rpaNkh rhd;whthzq;fNsh jhf;fy; nra;ag;gltpy;iy. ,Ujug;Gk; Nfl;fg;gl;lJ Mtzq;fs; ghprPypf;fg;gl;lJ.

(ii)kDjhuh;fs; ,k;kDit vjph;kDjhuh;/thjpahy; jhf;fy; nra;ag;gl;Ls;s tof;Fiuia tof;F nryTj;njhifAld; js;Sgb nra;a NfhhpAs;sdh;.

(iii)kDtpid ed;F ghprPyid nra;jjpy; ,t;tof;fpy; ,e;j tof;Fiuia epuhfhpf;f Nfhhp kD jhf;fy; nra;ag;gl;Ls;sJ. chpikapay; tprhuiz eilKiw rl;lk; fl;lis 7 tpjp 11y; xU tof;Fiuia ve;j ve;j #o;epiyapy;

epuhfhpf;fyhk;

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$wpapUg;gJ Vw;Gilajhf ,y;iy. mNj rkaj;jpy; vjph;kDjhuh; jug;Gk; xU tof;F cz;ik jd;ik tha;e;jjh vd;gij ghh;j;J KO tprhuizapy; jhd; njhpa tUk; vd;w $w;Wk; Vw;GilajhfTk; cs;sJ. vdNt Nkw;gb fhuzq;fshYk; ePjpapd; eyd; fUjpAk; ,k;kDit js;Sgb nra;J cj;jutplg;gLfpwJ. nryTj; njhifapy;iy."

¶6In my view, the impugned order passed by the District Munsif Court, Thiruvaiyaru, Thanjavur District does not call for any interference as the Trial Court is not concerned with the sufficiency of the cause of action or sufficiency of the evidence at the interlocutary stage. All that required is whether the plaint discloses the cause of action and whether the suit is barred by law or not to strike it out any of the sub clause in Order 7 Rule 11 of C.P.C.

¶7Considering the fact that the petitioner has also filed written statement, I direct the District Munsif Court, Thiruvaiyaru, Thanjavur District to dispose of the suit in O.S.No.141 of 2022 as expeditiously as possible preferably within a period of 12 months from the date of receipt of copy of this order.

¶8The present Civil Revision Petition stands dismissed with the above observations. No costs. Consequently, connected miscellaneous petition is closed.

13.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To

1.The District Munsif Court, Thiruvaiyaru, Thanjavur District.

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai. C.SARAVANAN

,J.

SN

13.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.4687 of 2023 M.Saharban Begum ... Petitioner/Petitioner/ Defendant Vs. S.Palanisamy ...Respondent/Respondent/ Plaintiff PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order passed in I.A.No.457 of 2022 in O.S.No.141 of 2022 on the file of the District Munsif Court, Thiruvaiyaru, Thanjavur District, dated 14.02.2023 and strike out the plaint. For Petitioner : Mr.A.Senthil Kumar