SAHEBRAO VITHOBA PAWAR Vs. BAPURAO RAVJI PAWAR

JUDGEMENT

(1.) This is original defendants civil revision application against an order refusing new not which sought to set up a counter claim.

(2.) The following facts are not in dispute. At Village Sonawadi, Tahysil Daund, District Pune, the respondent-plaintiff claimed that he is the owner of Gat No. 242 and towards its east is situated Gat No. 244. On March 14, 1978, the respondent-plaintiff the suit on assertion that he was the owner and in peaceful possession of all that area of Gat No. 242 and further that the petitioner-defendent is trying to trespass in Gat No. 242 and threatening to construct a house in the area which forms part thereof. The respondent-plaintiff alleged that, in fact, Gat No. 242 is under cultivation and crops were standing therein. Inspite of this, the petitioner-defendent was trying to enter, contrary to law and by use of force. On these allegations, he prayed for the relief of permanent injunction against the petitioner-defendant. Thus, the stir claim is one for interdictory relief on the basis of title and possession to the property, being Gat No. 242.

(3.) The defendant filed his written statement denying allegations that he was trying to trespass into Gat No. 242, which is the property of the plaintiff. He alleged that, in fact, the plaintiff was trying to trespass upon the property of the defendant. After filing this written statement, which contains other assertions with regard to Gat No. 243, the defendant purported to file an amendment application on September 13, 1982 seeking to allege that the plaintiff had encroached upon his land to the extent of 16 Ares. He further stated that was so established before the revenue authorities. On that basis, he wanted to amend the written statement and set up a counter claim so as to recover 16 Areas of land from the plaintiff. That amendment was rejected.