CHANDRAKANT Vs. MANIKRAO

JUDGEMENT

(1.) The present civil revision is against the order passed by the Civil Judge (Junior Division), Jintoor on 24-2-1987 dismissing the plaintiff's application (Exh. 146) for exclusion of counter-claim under Order VIII, Rule 6-C of Civil Procedure Code.

(2.) The revision petitioner, has filed R C. S. No. 110/1983 against the respondents/defendants for issue of perpetual injunction not to obstruct or interfere in the actual and peaceful possession of the plaintiff in respect of land S. Nos. 157 admeasuring 15 acres and 36 gunthas and S No. 159/1 to the extent of 3 acres and 15 guntbas situated at village Charthana, taluka Jintoor. The respondents Nos. 1 to 3 are the cousin brothers of the plaintiff-petitioner Chandrakant and respondent No. 4 is son of respondent No. 1. The plaintiff's case is that he is in possession of the suit land as owner and the defendants are unlawfully interfering in his possession. The defendants No. 1 to 3 filed their written statement (Exh. 132) to (Exh. 134) denying the plaintiff's ownership and possession of the northern half of Survey No. 157. They have alleged that in the partition 55 years back, northern half of the land was given to the share of Venkatrao, but the land was kept joint to incur the marriages expenses of the sons and daughters. Defendant No. 1 was cultivating northern half portion of the land on behalf of other defendants. They have set up a counter claim and each of the defendant has claimed possession of 2 acres and 16 gunthas of land out of the northern half of Survey No. 157. It is alleged that the plaintiff has dispossessed them due to the temporary injunction.

(3.) The plaintiff filed a rejoinder (Exh. 141). (B) denying the contentions of the defendants about the title and possession of the northern half land of Survey No. 157. The plaintiff contended that a counter-claim can be made in money suits only. The plaintiff filed an application (Ex. 146) for exclusion of the counter-claim set up by the defendants under Order VIII, Rule 6-C of Civil Procedure Code.