( 1 ) THIS is a defendants appeal against an order of remand by the lower appellate Court in a suit for injunction filed by the plaintiff. The suit was brought by the plaintiff on the allegation that he, along with his two brothers, was the absolute owner of the plots in dispute. According to the allegations in the plaint, the plaintiff was in full possession of the said plots but defendants 1 to 7 were threatening to take forcible possession of the same. The plaintiff also alleged that defendants 1 to 7 were claiming their title through defendant 8, who was putting himself up as mutwalli, under a certain waqf and against whom the plaintiff had got a decree deciding the question in favour of the plaintiff and declaring that the said waqf was not valid. The plaint accordingly claimed a relief of permanent injunction against all the defendants.

( 2 ) THE written statement of defendants 1 to 7 alleged that the defendants were tenants of the plots in dispute through defendant 8, who was the lamlardar and owner of the land in question and against whom the defendants had also obtained a decree from the Revenue Court. The defendants also took the plea that the suit was not within