KAVINDRA JAIN Vs. AMRITLAL

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Additional Judge to the Court of District Judge, Jhabua in C.S. No. 3 -A of 1988 passed on 10 -4 - 1991.

(2.) THE facts leading to this revision petition in short are that the plaintiff filed a suit for possession of a house situated in Meghnagar against the present petitioner on the basis of the title of the house. The case of the plaintiff was that eight years before the suit the house was given to the defendant for his residence as licensee with a condition that 'the house would be vacated by the defendant upon demand by the plaintiff. Thereafter, it appears, that by a letter dated 30th May, 1980 the defendant offered to purchase the said house, But the plaintiff did not agree to sell the house and instead demanded vacant possession of the house. Thereafter after serving a legal notice the plaintiff filed the suit on 16 -8 -1988.

(3.) THE defendant made a counter -claim for specific performance of the contract as provided under Order 8, Rule 6 CPC. An objection was raised by the plaintiff to the maintainability of the counter -claim, The trial Court, vide its order dated 10 -4 - 1991 passed the impugned order holding that the defendant could not make a counter -claim as made by him in the written statement.