N.Abul Fazal v. P.A.Fariah Faizal

A.No.1331 of 2024 in C.S. No.84 of 2023 N.SATHISH KUMAR, J.

This application has been filed to Order cancellation of the lease deed dated 12.05.2022 executed between the M/s.Eeshu Delicacies Private Limited and the first respondent in the above suit.

2. This suit is pending for partition. When the lease deed has been entered by one of co-sharer, at the most, the plaintiff can seek for mesne profits.

As matter of right, he cannot seek for cancellation of the lease deed as the right has been created in favour of the third party. Hence, I do not find any merits in this application.

3. Accordingly, this application is dismissed.

4. Post on 27.03.2024 for filing counter in injunction application and written statement in the suit.

11.03.2024 vrc https://www.mhc.tn.gov.in/judis