DALBARA SINGH Vs. MALKIAT SINGH

JUDGEMENT

(1.) Challenge in the present revision petition filed under Article 227 of the Constitution of India is to the order dtd. 16/2/2024, passed by learned Civil Judge (Junior Division), Nabha (for brevity - Trial Court), whereby application dtd. 7/12/2021 (Annexure P-5) under Order 8 Rule 6(C) CPC, filed by the petitioner, for exclusion of counter-claim filed by the respondents, has been dismissed.

(2.) The brief facts, necessary for disposal of the present revision petition, are that the plaintiff/petitioner filed a suit for permanent injunction restraining the defendants/respondents from dispossessing the petitioner illegally or forcibly or causing any type of interference in the peaceful possession of the petitioner over tenanted premises of workshop, as detailed in the head note of the plaint on the ground that petitioner had taken a workshop on rent from the respondents w.e.f. 1/7/2022. A rent note dtd. 28/6/2022 (Annexure P-1) was also executed between the parties. Monthly rent was agreed @ Rs.50,000.00. Advanced cheques for payment of rent w.e.f. 1/7/2022 to 31/5/2023 (for 11 months) were handed over to the respondents. Despite payment of rent in advance through the said cheques, respondents started interfering in peaceful possession of the petitioner by threatening him to vacate the premises or enhance the rent. So, the petitioner filed the aforesaid suit for permanent injunction dtd. 5/6/2023 (Annexure P-2).

(3.) Respondents contested the suit by filing written statement (Annexure P-3) along with a counter-claim. In the written statement, factum of tenancy was denied. They took a stand that the demised premises was given to the petitioner on license. In the counter-claim, respondents sought possession of the workshop in question and also recovery of damages.