MANJULA Vs. SOMNATH NAYYER

JUDGEMENT

(1.) This revision petition has been filed by the plaintiff against the order dated 8-9-2008, whereby, the application filed by the plaintiff under O. 7, R. 11, C. P. C. seeking rejection of the counter claim filed by the defendant Somnath Nayyer came to be rejected by the learned trial Court. Learned counsel for the petitioner-plaintiff, Mr. Sandeep Bhandawat urged that under the agreement Annex. 2 dated 11-2-1995, the plaintiffs-Bhagwat Singh Mehta and Smt. Manjula Mehta had entered into an agreement with defendant Somnath Nayyer only for sale of portion of land measuring 740 sq. ft. out of their jointly owned land of plaintiffs measuring 9510 sq. ft. for Rs. 51,800/- and there was no agreement to sell any flat in the said agreement dated 11-2-1995. However, the said defendant, Somnath Nayyer, illegally took possession of one of the flats, namely flat No. 5 in a building raised by another company, M/s. UTDC and, therefore, the plaintiffs had to file a suit for eviction and possession against the said defendant. In the said Suit No. 63/2007 (Smt. Manjula Mehta & Anr. v. Somnath Nayyer), the defendant had filed written statement and in the said written statement made a counter claim (page 31 of the paper book) in which the defendant raised the plea that there were two agreements on 11-2-1995 and when the plaintiff failed to execute the sale deed in favour of defendant Somnath in respect of flat under one such agreement, he was entitled to specific performance of said agreement dated 11-2-1995 and also claim damages to Rs. 1 lac on account of increase in stamp duty charges during the course of time.

(2.) The plaintiffs filed application under O. 7, R. 11, C. P. C. seeking rejection of the said counter claim, which came to be rejected by the learned trial Court by the impugned order dated 8-9-2008.

(3.) The plaintiffs being aggrieved of the same, approached this Court by way of present revision petition.