( 1 ) THIS Civil Revision Petition is preferred against the order dated 5/06/1989 passed by the X Additional City Civil Judge, Bangalore in O. S. No. 1877/ 1980 directing that the counter claim made by the first defendant on 27-8-1986 be excluded from the suit with a liberty to the first defendant to peruse the counter claim if she is willing by means of an independent suit.

( 2 ) O. S. No. 1877/ 1980 is filed by the respondents for recovery of possession of the suit property bearing old No. 19, later Nos. 23, 70 and 59 and the present No. 52 situated at Poorna Venkata Rao Road, Bangalore City on the ground that the first defendant failed to perform her part of the agreement of sale dated 21-10-1965 and she is not entitled to remain in possession of the suit property as she was put in possession of the first floor pursuant to the agreement of sale and the ground floor is occupied by the first defendant unauthorisedly. The plaintiffs have also prayed for future mesne profits.

( 3 ) SRI Ramabhadriah Setty who was the original owner of the suit property agreed to sell the first floor of the suit property in favour of the first defendant. The plaintiffs claim the property under the Wil

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