GAYA PRASAD Vs. JAMWANTI DEVI

JUDGEMENT

(1.) This revision petition has been preferred against the order dated 30-9-1996 passed by the then Munsif at Jamshedpur in Eviction Suit No. 35 of 1986 whereby the petition filed by the defendant-petitioner for passing appropriate order on the counter-claim raised by defendant No. 1 has been rejected in holding that the counter-claim can only be raised n respect of money suit relying on the Division Bench judgments of this Court in Jashwant Singh v. Smt. Darshan Kaur, AIR 1983 Patna 132 and Most. Pemlo alias Pemplo v. Hiralal Mahto, 1992 (2) PLJR 358.

(2.) The opposite parties as plaintiffs filed the abovementioned eviction suit against the defendants-petitioner on the relationship of landlord and tenant. The defendant by filing the written statement denied the relationship of landlord and tenant and in paragraphs 12 and 13 of the written statement it had been pleaded that the plaintiffs were never in exclusive possession of the suit building nor owned it nor the same was ever let out to the plaintiff's father rather the defendant was all along in possession of the suit land along with the houses thereon as of their own right and it has been claimed that their right, title and interest be declared in the suit.

(3.) The crux of dispute is with regard to the counter-claim whether maintainable in the present form when the suit is a simpliciter eviction suit and the defendant is trying to set up his claim in that suit premises and whether such counter-claim can be maintainable in the eviction suit. It must be mentioned here that Order VIII, Rule 5 before amendment of the Code of Civil Procedure in the year 1976 was with respect of set off of claim in a money suit. By amendment of 1976, Rule 6A has been added in the form of counter-claim by the defendant in the suit. Rule 6-A reads as follows :-