SARDAR JASWANT SINGH Vs. DARSHAN KAUR

JUDGEMENT

(1.) This Civil Revision application has been filed on behalf of the plaintiff. What is the scope of Rule 6-A of Order 8 of the Code of Civil Procedure, which was introduced by the CODE OF CIVIL PROCEDURE, 1908 (Amendment) Act, 1976, is the issue involved in this application.

(2.) The petitioner had filed the title suit in question for a declaration that he has a right to remain over the suit property as a licensee for a period of five years commencing from 29.9.1980 and for a decree for permanent injunction restraining the defendant-opposite party from interfering with the peaceful possession of the petitioner. According to the petitioner, he was a month to month tenant of the suit property, later, there was some dispute and ultimately it was agreed that the petitioner shall continue in possession of the same for a period of five years after which he shall vacate the premises in question. According to the petitioner, during the continuance of the said period, the opposite party interfered with the possession of the petitioner which necessitated the filing of the suit in question.

(3.) The defendant-opposite party appeared in the said suit and filed their written statement disputing any agreement as aforesaid. According to them, the petitioner was a trespasser, and, as such liable to be evicted. A prayer was made to treat the said written statement as a counter claim within the meaning of Rule 6A of Order 8 of the Code of Civil Procedure (hereinafter referred to as 'the code'). Advalorem Court fees was also paid by the defendants-opposite-party for decree of their counter-claim.