ORDER

The Civil Revision Petition is directed against the order passed in C.M.A.No.14 of 2019, dated 25.10.2019 on the file of the Subordinate Court, Melur, challenging the order passed in I.A.No.1930 of 2017 in O.S.No.108 of 2016, dated 19.11.2018 on the file of the District Munsif Court, Melur, rejecting the plaint under Order 7 Rule 11 CPC.

2.The revision petitioner is the appellant in C.M.A.No.14 of 2019 and the petitioner/plaintiff in I.A.No.1930 of 2017 in O.S.No.108 of 2016 and the respondent herein is the respondent/defendant.

3.For the sake of convenience and brevity, the parties will herein-

after be referred as per their status/ranking before the trial Court.

4. The first item of the suit property was originally owned by the plaintiff's father Balusamy Servai and after his death on 03.12.1996, the said property was devolved on the plaintiff. Regarding the second item of the suit property, the plaintiff purchased the same from the defendant vide sale deed, dated 15.03.1995. Admittedly, the plaintiff's mother is the sister of the defendant's husband. The plaintiff, claiming to be in possession of the two items of the suit property and by alleging that the defendant and her men attempted to interfere with his possession, filed the suit in O.S.No. 108 of 2016, claimed permanent injunction against the defendant and her men from in any manner interfering with his peaceful possession and enjoyment of the suit property. Though the defendant has admitted the plaintiff's title over the suit property, has taken a specific defence that she has been the cultivating tenant in respect of the suit property.

5.The plaintiff has also filed an application in I.A.No.233 of 2016 for temporary injunction and the learned District Munsif, after enquiry, has passed an order dated 14.02.2017, granting temporary injunction. Aggrieved by the said order, the defendant has preferred an appeal in C.MA.No.6 of 2017 and during the pendency of the said appeal, the plaintiff as well as the defendant have filed the applications for reception of additional evidence and the learned Subordinate Judge has passed an order dated 21.06.2017, setting aside the fair and decreetal order passed in I.A.No.233 of 2016 and remanded the matter to the trial Court and directed the trial Judge, to consider the documents produced by both sides and to decide the petition afresh. Not satisfied with the said order of remand, the plaintiff has preferred a revision in CRP(MD)No.1835 of 2017, and this Court (Hon'ble.Mrs.Justice.J.NISHA BANU.,) has passed the order on 16.02.2018, allowing the revision and thereby setting aside the orders passed in CMA.No.6 of 2017 and consequently, restored the order of the trial Court in I.A.No.233 of 2016.

6.Thereafter, the defendant has filed the review application in Rev.Appl.(MD)No.24 of 2018, to review the order passed in CRP.(MD)No. 1835 of 2017 and the same was ordered to be dismissed by this Court on 07.03.2018. The defendant has then filed appeals before the Hon'ble Supreme Court in S.L.P.(C)Nos.9481 and 9482 of 2018, challenging the orders passed in Civil Revision Petition as well in the Review application and that the said SLPs were dismissed on 20.04.2018.

7.Meanwhile, the defendant, has filed a petition in T.R.No.3 of

2016, before the Tahsildar cum Tenancy Record Officer, Madurai, North Taluk, to record her as the cultivating tenant under the Tamil Nadu Agricultural Lands Records of Tenancy Rights Act and the Tahsildar cum Tenancy Record Officer, has passed an order dated 25.07.2017, recording her as the cultivating tenant under the Tamil Nadu Cultivating Tenancy Act. Aggrieved by the said order, the plaintiff has filed a writ petition in W.P.(MD)No.20493 of 2017, for quashing the order passed in T.R.No.3 of 2016, dated 25.09.2017 and subsequently, the plaintiff has sought permission of this Court to withdraw the Writ Petition with liberty to move the Revenue Appellate Court and accordingly, the Writ Petition was ordered to be dismisse