The main legal point established in the judgment is the court's power to strike off a vexatious suit and exercise supervisory jurisdiction under Article 227 of the Constitution of India.

This is a revision filed by the defendant in O.S.No.2889/2009 on the file of the XIV Assistant City Civil Court, Chennai and the challenge is to the order dated 15.04.2009 in I.A.No.5320/2009 whereby and whereunder, an interlocutory order to maintain status quo was granted in spite of specific direction issued by the Supreme Court to put the petitioner in possession of the suit property forthwith in case the respondent failed to give an undertaking to vacate the suit premises before 30 November 2009.

2. The substantial prayer in the revision is to reject the plaint on the ground of re-litigation.

The facts :-

3. The subject proceeding had a chequered history.

4. The petitioner is the owner of the premises bearing Door No.843, Anna Salai, Chennai-2. The property was given on lease to the respondent on a monthly rent of Rs.1550. The petitioner originally filed a suit in O.S.No.174/ 1978 to evict the respondent from the subject premises. The respondent was evicted during the pendency of the suit which resulted in filing a suit by him under Section 6 of the Specific Relief Act, in O.S.No.6998/1996. The suit was dismissed by the trial Court and in a revision, the High Court remanded the matter to the trial Court for fresh disposal. However, the said order dated 22.05.2001 in CRP No.1818/1995 was challenged by the respondent before Supreme Court in Civil Appeal No.1671/2002. The Honourable Supreme Court as per order dated 26.02.2002, allowed the appeal and directed restoration of possession of the property to the respondent. Accordingly, possession was restored on 01.04.2002. The suit in O.S.No.174/1978 was subsequently withdrawn.

5. While the matters stood thus, the revision petitioner filed an ejectment suit before the Court of small causes at Chennai praying for a decree directing the respondent to vacate and deliver vacant possession of the property. Since the petitioner is a Cooperartive Society, the building owned by the society was exempted from the provisions of Tamil Nadu Buildings (Lease & Rent Control) Act. The petitioner was entitled to invoke the provisions of Section 41 of the Presidency Small Causes Court Act and accordingly, the suit was instituted.

6. The suit was contested by the respondent by filing written statement with the following substantial contentions :-

(a)The plaintiff has avoided the jurisdiction of the Presidency Small Causes Court only to circumvent the filing of a suit in City Civil Court. Plaintiff having filed an earlier suit in City Civil Court, cannot be allowed to abuse the process of law by invoking the jurisdiction under the Presidency Small Causes Court Act.

(b)The plaintiff having filed an earlier suit before the City Civil Court is precluded from filing a fresh suit and as such, the Court has no jurisdiction to try the suit.

(c)Plaintiff has not taken leave before withdrawing the suit in O.S.No.174/1978 and as such, they are precluded from filing a fresh suit on the basis of the very same cause of action.

7. The Ejectment Suit 20/2005 was allowed by the III Court of Small Causes, Chennai as per judgment and decree dated 29.08.2008.

8. The judgment and decree dated 29.08.2008 in E.S.No.20/2005 was challenged before this Court in C.R.P. NPD No.3338/2008. This Court agreed with the findings recorded by the trial Judge and dismissed the revision as per order dated 210. 2008. The order in C.R.P. NPD No.3338/2008 was challenged by the respondent before the Supreme Court and the Special Leave petition was dismissed as per order dated 09.02.2009. While dismissing the Special Leave Petition, Supreme Court granted time till 30.11.2009 to vacate the premises subject to the production of an undertaking affidavit within four weeks, failing which, the petitioner was granted liberty to execute the decree with police protection and without notice to the respondent.

9. While the petitioner was expecting delivery of possession of the property in view of the non submission of undertaking affidavit