MOHD. YOUSAF Vs. MOHD. SADIQ

JUDGEMENT

(1.) The defendants are in appeal against the judgment and decree dtd. 25/11/2013, passed by the first appellate court, vide which the decree dtd. 7/3/2011, rendered by the trial court, dismissing the suit of the respondents-plaintiffs was set aside and the matter was remitted to the trial court, in terms of Order 41 Rule 23-A of the Code of Civil Procedure, (for short, 'CPC'), for re-decision.

(2.) Parties to the lis, hereinafter, shall be referred to by their original positions in the suit.

(3.) In a suit filed by the respondents-plaintiffs, under Order 1 Rule 8 of CPC, they prayed for a decree of permanent prohibitory injunction restraining the defendants or their agents from interfering in their peaceful possession from raising any construction and for managing and controlling Takia Khatika situated at Mohalla Khatikan wala Malerkotla. 3. In brief, the case set out by the plaintiffs was that they were members of the Khateek community and since time immemorial, the suit property was being used by Khateek Biradari for cleansing and storage of animal skin. Given the nature of their work, members of the Khateek Biradari resided together at Mohalla Khateekan, away from other communities. And as skinning of animals, washing and drying of the skin emitted a foul smell, the Khateek Biradari was ordained by His Highness, Sh. Ahmed Ali Khan, Nawab of Malerkotla, to use Dhob Ghat for skinning the dead animals. Whereas, the suit property (199 feet x 84 feet), which was bequeathed vide a gift deed dtd. 26/11/1926 to the Khateek Biradari, was ordered to be used only for storage of dry skin of animals. Resultantly, the suit land had been in continuous possession of the members of Khateek Biradari, and was used and managed by them for common and general purposes. But, as despite that, the defendants, who belonged to Kamboj community and had no concern with the suit property, were threatening to interfere in the possession of the plaintiffs, thus, the suit.