Judgement

ORDER:- 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 contending 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 counter claim, in the written statement, for possession. The trial Court, while dismissing the suit of the petitioners, granted decree for possession of two kanals, two marlas and one biswas comprising survey numbers, mentioned therein. On appeal it was confirmed and the High Court confirmed it in R.S.A.No 1190/94 on May 18, 1995. Thus this Special Leave Petition.

2. The contention raised in the Court below was, that in a suit for perpetual induction, the respondents could not lay any counter claim for 1909 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 counder-claim against the claim of the plaintiffs, any right or claim of the plaintiffs, any right or claim in respect of a cause of action acc