This revision petition is directed against the return of plaint on the ground that the suit is not maintainable in view of the bar under Order 21 Rule 101 CPC.
2.The learned counsel for the revision petitioner submitted that earlier rent control proceedings initiated by the defendant against one Jothiraman culminated in delivery of property on 04.06.2004. The obstructor petition and claim petition filed in the said RCOP.No.27/1992 were all dismissed and the revision petitioner is not claiming any right as a sub- tenant under Jothiraman in the present plaint, but claims right as a person put in possession in view of lease agreement dated 02.09.2004. Therefore, the present suit is maintainable and there is no bar under Order 21 Rule 101 CPC.
3.In support of his submission, the revision petitioner has referred to the criminal complaint filed against him alleging trespass into the suit property. According to the revision petitioner, though he has re-presented the plaint indicating all the above facts and referring to the averments made in the plaint, the Court below has returned the plaint recording that previous return still holds good.
4.Perusal of the unnumbered plaint and cause of action disclosed in the plaint indicate that the plaintiff claims possession of the suit property based on alleged lease deed dated 02.09.2004 executed pursuant to the resolution passed by the defendant Madam. The list of documents enclosed along with the plaint under Order 7 Rule 14 and Section 151 CPC does not contain either copy of the resolution or the alleged lease deed executed by the defendant on 02.09.2004.
5.Therefore, I do not see any reason to interfere with the order passed by the Trial Court in returning the plaint. If the revision petitioner herein re-presents the plaint along with the documents such as lease agreement and the resolution copy of the defendant Madam, the Court below may take the plaint on file if it is otherwise in order. Since the Trial Court has returned the plaint on 05.06.2017 granting two weeks time for re- presentation which is already expired, time for re-presentation is extended upto 30.07.2017. The revision petitioner is at liberty to take back the plaint and re-present it before the Trial Court with necessary details and documents.
In the result, the Civil Revision Petition is dismissed with the observation. No costs.
To The Principal District Munsif Court, Kumbakonam..