MANIRAM BUDHA CHAMAR Vs. PANNALAL MOTIRAM CHAMAR

JUDGEMENT

(1.) THIS second appeal arises out of a suit filed by plaintiffs Pannalal and Kanhaiyalal Chamars against the 12 defendants who also belong to the same caste and are residents of the villages Bijalpur and Mundi for permanent injunction restraining them from removing the dead bodies of the caste which die in the four villages of Bijapur. Hukmakhedi, Garabadi and Mundi on the ground that they had an exclusive right to remote the carcasses of the cattle dying in those villages and to secure their hides. The right is claimed by the plaintiffs through their ancestor Punja, They trace their descent thus: <IMG>JUDGEMENT_275_AIR(MP)_1962.jpg</IMG> They allege enjoyment of the said right for the last five generations and more, According to them plaintiffs' father Motiram had filed a suit against the father of defendants 1, 2 and 3 and eight other persons of their caste for a declaration as to the: same right and had succeeded in that suit. A decree was passed in that Suit in plaintiffs' favour declaring that the family of the plaintiffs has such right.

(2.) IN reply to the plaintiffs' suit the defendants denied that the plaintiffs had any right as claimed. It was also asserted that the, claim is not of civil nature,

(3.) ON appeal the appellate Court reversed the decision, it held that the suit is of civil nature and in view of the materials on record including the decision in the previous suit a decree for permanent injunction as prayed for was passed.