1. The plaintiff in O.S. No. 288 of 1978 of the Munsiff's Court, Haripad, is the revision petitioner. The suit was for an injunction to restrain the defendant from trespassing into the plaint schedule property and tampering with the fences constructed by the plaintiff. The property in the plaint schedule was part of a bigger item, jointly owned by the defendant and his brother. There was a partition between them. The plaintiff's wife is the assignee from the defendant's brother and the suit was filed by the husband on behalf of the wife. In the suit the defendant-respondent filed a counter claim under Order VIII R.6-A C.P.C. The counter claim related to A schedule (1) therein, which formed a part of the property allotted to him in partition and to which he was entitled to be in possession. According to him the plaintiff trespassed into that portion and put up fences. In the counter claim he sought for a declaration of his title to the property and recovery of possession of the same from the plaintiff. This counter-claim was resisted by the plaintiff on various grounds, principally on the ground that such a counter claim under Order VIII R.6-A was not entertainable. The