Law:

Section:

Civil Procedure Code (V of 1908)- - O. XLI, r. 23-Remand-Genuineness and validity of sale-deed very much in issue yet no issue framed on question-House already constructed on disputed site before purchase of site and such issue also material to disposal of alit but no issue struck on point& Remand of case to trial Court for deciding case afresh in light of such issues, held, not liable to be interfered with in circumstances ­Remand. ORDER SALAHUDDIN AHMAD, J,-The dispute between the parties is over a site upon which Jumma Ji, predecessor-in-interest of Muhammad Ismail had constructed a house as a tenant of one Sarwar Shah. Habibullah Shah is brother of the said Sarwar Shah, and the petitioners are sons of Habib­ullah Shah. It appears that on the basis of different registered sale deeds Sarwar Shah had sold the lands including the disputed site to the four different occupants of the land, namely, Jumma Ji, Haji Nur Muhammad. Ch. Ramzan and Abdul Hamid, in September 1908. The petitioners have claimed that all the four vendees of Sarwar Shah including Jummn Ji again sold the lands to the said Habibullah Shah, brother of the said Sarwar Shah, by an unregistered sale deed dated the 15th of August 1909 for a consideration of Rs. 99 only. It may be stated here that the lands had been sold by Sarwar Shah to the said vendees for au amount of Rs.360." In the year 1970 Ismail son of Jumma Ji wanted to reconstruct the house on the disputed site, but this was objected to by the petitioners. The petitioners, accordingly, filed a suit on the 24th of July, 1970, against Muhammad Ismail, Mat. Farooq Jan, wife of Muhammad Ismail and his four sons, namely, respondents Nos. 1 to 4 (Muhammad Jamil, Muhammad Khadim, Muhammad Sharif and Muhammad Saeed), and respondent Syed Abdullah Shah, son of the said Habibullah Shah, for a declaration that the plaintiffs were the owners of the site and for a perpetual injunction and for possession of the site.…

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