The revision petitioner is the defendant in O.S.No.6740 of 2001 on the file of the V Assistant Judge, City Civil Court, Chennai. The revision is directed against the dismissal of the petition I.A.No.1678 of 2004 filed by the revision petitioner under Section 7 Rule 11(a) and (d) of C.P.C., as per order dated 30.4.2004.

2. The respondent trust as plaintiff filed the ejectment suit against the revision petitioner for vacant possession of the suit property, arrears of rent and past and future damages. The two items of suit properties are in Villivakkam, Chennai. It is claimed that the plaintiff trust is the owner of the suit properties and which trust has been formulated as per the registered Will dated 22.12.1894. The suit properties had been leased to one R.M.Subramania Chetty as per registered lease deed dated 31.3.1968 for running business of kerosene bunk, in which he erected the kerosene bunk with underground tank, pumping machine with a small shed for about 40 square feet being the superstructure. The lessee Subramania Chetty died in 1992 or so and on his death, his son, the defendant constituted a partnership firm in the name of R.M.Subramania Chetty and firm. The d