JAG MOHAN CHAWLA Vs. DERA RADHA SWAMI SATSANG

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsel on both sides.

(3.) This appeal by special leave arises from the judgment and order dated August 1, 1994 in Civil Revision No. 1272 of 1994 of the Punjab and Haryana High Court. The appellant plaintiffs laid the Suit No. 896/92 before the Sub-Judge, Amritsar for perpetual injunction to restrain the respondents from interfering with their possession of the property bearing Khasra No. 456, Purana Bazar, G.T. Road, Beas. On receipt of the summons in the suit, the respondent filed written statement pleading, inter alia, that they had purchased the lands in Khasra No. 103/1 situated at Budha Theh, Tehsil Baba Bakala, District Amritsar, Punjab and that they are in possession and enjoyment of 18 marlas of the said land. They sought counter-claim of permanent injunction to restrain the appellants from interfering with their possession and enjoyment of the said land. The appellants had filed their replica, i.e., additional written statement contemplated under Order 8, Rule 6E, C.P.C. disputing the averments made by the respondent in their counter claim. They also pleaded that the counter-claim is not maintainable. An application under Order 8, Rule 6C and Section 151, C.P.C. was filed praying to exclude the counter-claim from the written statement. The Subordinate Judge by his order dated November 11, 1993 dismissed the application. The revision came to be dismissed by the High Court by the impugned order with direction to the trial Court to decide as an issue, whether property in dispute is the same which is the subject matter of the counter claim and to dispose of the suit after recording findings. Thus, this appeal by special leave.