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1996 Supreme(SC) 928

G.B.PATTANAIK, K.RAMASWAMY
Jag Mohan Chawla – Appellant
Versus
Dera Radha Swami Satsang – Respondent


JUDGMENT

K. Ramaswamy, J.-Leave granted.

Heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment and order dated August 1, 1994 in Civil Revision No.1272 of 1994 of the Punjab and Haryana High Court. The appellants-plaintiffs laid the suit No.896/92 before the Sub-Judge, Amritsar for perpetual injunction to restrain the respondents from interfering with their possession of the property bearing Khasra No.456, Purana Bazar, G.T. Road, Beas. On receipt of the summons in the suit, the respondent filed written statement pleading, inter alia, that they had purchased the lands in Khasra No.103/1 situated at Budha Theh, Tehsil Baba Bakala, District Amritsar, Punjab and that they are in possession and enjoyment of 18 marlas of the said land. They sought counter-claim of permanent injunction to restrain the appellants from interfering with their possession and enjoyment of the said land. The appellants had filed their replica, i.e., additional written statement contemplated under Order 8, Rule 6E, CPC disputing the averments made by the respondent in their counter-claim. They also pleaded that the counter-claim is not maintainable. An application unde





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