(The judgment of the Court was delivered by V. PERIYAKARUPPIAH, J)

1. This appeal is directed against the order dated 21.02.2011 made in Application No.65 of 2011 in C.S.No.47 of 1999, dismissing the application filed by the defendant for rejection of the plaint.

2. The short facts necessary for disposal of this appeal are as follows:

(i) The Civil Suit has been filed by the plaintiff/respondent herein against the defendant/appellant herein for recovery of vacant possession of land admeasuring 31 grounds and 300 sq.ft. situate on the southern side of Poonamallee High Road, Chennai and also for recovery of arrears of rent and damages for use and occupation.

(ii) Originally, the suit property was leased out to the defendant by the plaintiff for a period of 99 years which had expired on 17.11.1997. Hence, a notice was sent by the plaintiff to the defendant on 2.2.1998 calling upon him to quit and deliver the vacant possession of the land by 1.6.1998. The defendant sent reply on 4.3.1998.

(iii) The suit was contested by the defendant and P.W.1 has been examined. When the suit was in the part heard stage, Application Nos. 64 and 65 of 2011 have been filed by the defendant/appe