(Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of the O.S.Rules read with Clause 15 of the Letters Patent against the order dated 5.3.2007 in Application No.3294 of 2006 in C.S.No.265 of 2006.)

R. BANUMATHI, J

1. Being aggrieved by the order dated 5.3.2007 allowing Application No.3294 of 2006 filed Under Order 7 Rule 11(d) C.P.C. read with Order 14 Rule 8 of Original Side Rules and thereby rejecting the suit - C.S.No.265 of 2006, Appellant/ Plaintiff has preferred this appeal.

2. The background facts of the appeal and suit - C.S.No.265 of 2006 are as follows:-

The plaintiff is the owner of the plaint schedule property - Plot No.12/C-1 (SP), Industrial Estate, Guindy, Chennai - 600 032 measuring 7711 sq.ft. having purchased the same on 11.3.1994. Defendants 2 and 3, who were then running a partnership business under the name and style of M/s.Balaji Fashions, became the tenants under the plaintiff on monthly rental basis for their business activities. Defendants 2 and 3 requested the Plaintiff to put up additional floor space in the second floor for their business and promised that they would arrange for a bank loan from their bankers for putting up such additi