S.TAMILVANAN
State Bank of India, Pallipalayam Branch, rep. by its Manager – Appellant
Versus
Gopal @ Gopalan & Another – Respondent
1. This Civil Revision Petition has been preferred against the order dated 112. 2007 made In I.A. No.1004 of 2007 in O.S. No.56 of 2007 on the file of the First Additional District Munsif Court, Erode.
2. The revision petitioner herein is the first defendant in the Suit. The first respondent being the plaintiff in the Suit has alleged that the revision petitioner is trying to evict him forcibly from the suit property. The first respondent herein as per the Plaint is the tenant under the second respondent paying rent regularly. However, based on a mortgage obtained by the revision petitioner herein, the revision petitioner is trying to evict the first respondent from the suit property. He has also alleged that the cause of action arose on 01.01.2001 when the plaintiff took the suit property on a lease agreement and continued his possession and on 04.09.2007, when the first respondent was trying to dispossess the first respondent/plaintiff.
3. Mr. M. Devaraj, learned counsel appearing for the revision petitioner submitted that there is no cause of action to maintain the Suit. However, it is seen from the averments made in the Plaint that there is a cause of action alleg
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