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2023 Supreme(Mad) 270

S. M. SUBRAMANIAM
V. C. Kalaivanan – Appellant
Versus
Manager, Aditya Birla Housing Finance Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M. Boopathy.

ORDER :

The Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order passed in Unnumbered O.S.Sr.No.11832 of 2022 on the file of the Principal District Munsif at Alandur dated 06.12.2022.

2. The revision petitioner claiming himself as a tenant, filed a Civil Suit under Order VII Rule 1 of C.P.C., seeking the relief of Declaration that the plaintiff is the lawful tenant under the second defendant therein and for permanent injunction, restraining the 1st and 2nd respondents herein from interfering with the peaceful possession and enjoyment as a lessee in the suit schedule property and evicting the plaintiff from the suit property.

3. The Principal District Munsif, Alandur, passed an order on 06.12.2022, stating that the Civil Court has no jurisdiction in view of Section 34 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [in short, 'SARFAESI Act']. The plaint was returned to file before the Debt Recovery Tribunal having jurisdiction. The said order is under challenge in the present Civil Revision Petition.

4. The learned counsel for the revision petitioner mainly contended that the revis

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