CHANDRA, J. :- This case has come up before this Bench as a result of the following order of reference by Mithan Lal, J. in a second appeal.

"I, therefore, direct that this case be laid before me Honble the Chief Justice for constituting a larger bench to decide this appeal which involves only one question and if other, i.e. whether the right of Brit Khakrobi is enforceable in a Court of law, when its origin is not given."

The second appeal arose out of a suit for possession and injunction in respect of alleged Brit Khakrobi and recovery of a sum of Rs. 84/- as mesne profits for a period of six months. The parties are sweepers. The case of the plaintiff-respondent No. 1, hereinafter called the respondent No. 1, was that he and his ancestors were owners or Brit Khakrobi, i.e. the right to earn money by scavenging the houses in a certain part of Chandausi town, and that the defendants started interference with the plaintiffs possession about six months before the institution of the suit. The defendants contested the suit on the ground that the respondent No. 1 was not the owner of Brit Khakrobi and had not been in possession of it and that defendants-appellants Nos. 2 and 3,