RAJEEV GANDHI GRUHA NIRMANA SAHAKARI SANGHA Vs. SULOCHANA

JUDGEMENT

(1.) The captioned petition is filed by the plaintiff assailing the order of the learned Judge passed on I.A.No.V filed under Order VII Rule 11(d) read with Order VIII Rule 6(c) read with Sec. 151 of CPC to reject the counter claim filed by the defendant.

(2.) The facts leading to the case are as under: Petitioner/plaintiff has instituted a suit in O.S.No.273/2020 seeking the relief of declaration of cancellation of registered lease-cum-sale deed dtd. 31/7/1993. The respondent/defendant on receipt of summons has filed written statement and has also set up a counter claim seeking an injunction not to interfere with defendant's peaceful possession and also sought for a direction to direct the plaintiff-society to execute a registered sale deed.

(3.) The plaintiff having filed rejoinder to the counter claim has filed the present application in I.A.No.V seeking rejection of the counter claim on the ground that counter claim is not maintainable for want of statutory notice under Sec. 125 of Karnataka Co-Operative Societies Act, 1959(for short "the Act, 1959". The learned Judge on examining the rival contentions was not inclined to accede to the objections raised by the plaintiff in regard to maintainability of counter claim for want of notice under Sec. 125 of the Act, 1959. The learned Judge while rejecting the application has held that since the plaintiff has filed the suit seeking cancelation of lease-cum-sale deed, there is no need to issue fresh notice.