The defendant has preferred the above revision aggrieved by the order dated 15.02.2017 dismissing the application filed under Order 7 Rule 11 C.P.C.
2. The suit is filed for ejectment as the tenant has been in arrears of rent and the tenancy has been terminated even in March 2011.
3. The learned counsel for the petitioner/defendant contended that there is no cause of action to file the present suit as there was an earlier suit filed by the plaintiff in O.S.No.81 of 2007 against the petitioner for the same prayer, which was dismissed in the year 2010.
4. The said application was resisted by the plaintiff and after considering the oral and documentary evidence, the trial Court has dismissed the application. Aggrieved by the same, the above revision has been filed by the defendant.
5. The earlier suit was filed by the plaintiff-landlord for arrears of rent and for ejectment for a particular period and the same was dismissed as there was no arrears from the petitioner-tenant. The present suit is now filed by the plaintiff on a fresh cause of action that arose in the year 2011 contending that the lease period is over and the tenant is continuing to be in possession of the suit property, as a trespasser. As a fresh cause of action is made out, the suit cannot be rejected at this stage. All the other defences that may be available for the defendant, may be raised in the written statement and proved in the suit accordingly.
6. With the above said observations, the Civil Revision Petition is dismissed as devoid of merits. No costs. Consequently, connected miscellaneous petition is closed.
03.03.2017 srn To The District Munsif, Nagapattinam PUSHPA SATHYANARAYANA.J srn C.R.P.P.D.No.764 of 2017 and C.M.P.No.3825 of 2017 03.03.2017 http://judis.nic.in