The Trial Court, while dismissing the suit of the petitioners, granted decree for possession of two kanals, two marlas and one biswas companyprising survey numbers mentioned therein.
The petitioner and the 8th respondent had filed a suit for perpetual injunction restraining the respondents 1 to 7 from dispossessing them from the suit land or part thereof.
Respondents defendants filed the written statement companytending that the petitioner and the 8th respondent had trespassed into their land of an extent of 3 kanals and they are in unlawful possession.
Thereby, they raised companynter claim, in the written statement, for possession.
Order 8 Rule 6 A 1 of the C.P.C., 1908 as amended in 1976 reads thus A defendant in a suit may, in addition to his right of pleading a set off under Rule 6, set up by way of companynter claim against the claim of the plaintiffs, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such companynter claim is in the nature of a claim for damages or number Provided that such companynter claim shall number exceed the pecuniary limits of the jurisdiction of the Court.
On appeal, it was companyfirmed and the High Court companyfirmed it in S.A. No.1190/94 on May 18, 1995.
Thus this Special Leave Petition.
