MUKUND LAL Vs. GHANSHYAM

JUDGEMENT

(1.) THE defendant Nos. 1 and 2, Mukundlal and Bhagwan Charan have filed the instant writ petition aggrieved by order dated 12-4-2007 by which the counter-claim filed by defendant Nos. 3 to 11 has been allowed.

(2.) IN the plaint the plaintiff-respondent Nos. 1 and 2 have prayed that the disputed property is Joint Hindu Family property of plaintiffs and defendant nos. 1 to 11. The plaintiffs are also having title and possession. Prayer has been made to declare the sale-deed executed by defendant Nos. 1 and 2 in favour of defendant Nos. 15 and 16 to be illegal and void as against the plaintiffs. Further prayer has been made to declare the order dated 24-9-2005 passed by the collector, District Chhatarpur to be ineffective. Counter claim has been filed by defendant Nos. 3 to 11 for declaring the sale-deed to be illegal and void as against their interest which has been executed by defendant Nos. 1 and 2 in favour of defendant Nos. 15 and 16.

(3.) THE Trial Court vide order dated 12-4-2007 has overruled the objections raised by defendant Nos. 1 and 2 that counter-claim could not be said to be maintainable inter se the defendants. The Trial Court has observed that considering the nature of the suit defendant Nos. 3 to 11 have the right to protect their interest. It has been considered appropriate to try the counter-claim along with the suit in the facts of the instant case. Aggrieved thereby the instant writ petition has been preferred by defendant Nos. 1 and 2.