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2020 Supreme(Mad) 1617

G.JAYACHANDRAN
Bharat Petroleum Corporation Ltd. , Rep. by its General Manager, Chennai – Appellant
Versus
P. Umapathy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :M.S. Krishnan, Senior Counsel, N.R. Anantha Ramakrishnan, Advocate.
For the Respondent:V. Ravi, Advocate.

JUDGMENT :

(Prayer: Civil Revision Petition is filed under Article 227 of Constitution of India against the fair and decreetal order dated 24.10.2017 passed in I.A.No.279 of 2016 in O.S.No.50 of 2015 on the file of the Subordinate Court, Ponneri.)

(The case has been heard through video conference)

1. The respondents herein filed the Suit in O.S.No.50 of 2015 on the file of Subordinate Court at Ponneri, for recovery of possession. The revision petitioners herein as defendants filed I.A.No.279 of 2016 and prayed to reject the plaint alleging the suit is barred by Order II Rule 2 (3) of C.P.C. The Trial Court, after considering the submissions of both side, dismissed the interlocutory application holding that the application is misconstrued and not maintainable. Challenging the said order, the Revision Petition is filed under Article 227 of the Indian Constitution by the defendants.

2. The revision petitioner is one of the Public Sector Undertaking having its outlets across the Country. One Mr.S.K.Kannaiah Naidu the predecessor-in-title of the suit property leased out the suit land to M/s. Burmah Shell Oil Storage and Distributing Company India Limited for 30 years lease commencing from 0

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