Can a plaint be quashed under Art.226 or Art.227 of the Constitution? This important question arises for consideration in this petition.

2. This petition is filed, mainly, on the following averments: In 1962, petitioner’s father had taken a shop room on lease from 2nd respondent’s father. The original landlord and tenant, both expired. Petitioner, his brothers and mother continued as tenants and they are running business in the shop room in photostat, telephone booth, fax, lamination etc., under the style, “City photostat”. Formerly, textile business was conducted in the shop till 1986. Petitioner is paying profession tax and electricity bills for the room. His employees are also registered with labour department.

3. After death of original landlord, his children (one of them is 2nd respondent) tried to trespass into the shop room and on 16.10.208, a suit was filed by petitioner and his mother as O.S. No.2881/2006 to restrain forceful eviction from the shop room. The suit was decreed on 16.10.2008 and injunction was granted. The copy of judgment is Ext.P4.

4. After about two years, in 2010, 1st respondent made attempts to trespass into the room and demolish the wall of t