1. This revision application is directed against the order dated 19-5-1993 passed by the District Judge, Karachi (East) dismissing the Civil Miscellaneous Appeal No. 6 of 1993 filed against the order dated 24-12-1992 passed by the VIth Senior Civil Judge, Karachi (East) allowing the application under Order 39, Rules 1. And 2, C.P.C. Filed by the respondent/plaintiffs.
2. The facts of the case are that the respondents filed Suit No. 1365 of 1992 against the applications for declaration and permanent injunction. The plaintiffs averred that they are association of butchers duly registered under Act XXI of 1860 bearing Karachi No.2867 of 1969-1970 with the Joint Stock Companies. The association has thousands of members and these members have been slaughtering their animals at slaughter-houses, established by the applicants/defendants, in Karachi Division. That the applicants/defendants have established slaughter-houses at Cattle Colony: Landhi, Karachi and at other places and only those persons are allowed to get their animals slaughtered in the slaughter-houses who pay prescribed fee and after slaughtering, the owners of the animals are authorised to take away everything of the slaughtered animals such as Meat, Fresh Blood. Entrails (Aujri), intestines, lungs, womb, stomach and other valuable organs of the slaughtered animals. That the members of the association are the owners of their respective animals as they make payment at the prescribed rate for the slaughtering of their animals at the slaughter-houses and they are entitled to take away entire components/parts of the slaughtered animals. Further that the blood is a separate property and the owners of the animals are also entitled to collect the blood before it becomes "waste blood". That the defendants Corporation approached several times not to interfere in the removal of the blood of the slaughtered animals by the owners but they are adamant and claiming the right over the said blood. The respondents/plaintiffs alongwith the suit filed an application under Order 39, Rules 1 and 2, C.P.C.
3. Praying as under:-- "This Hon'ble Court may be pleased to grant ad interim injunction against the defendants, their servants, agents, contractors and/or any other person or persons having any authority from defendants not to take/remove or auction the blood of the slaughtered animals as the same is the property of the owners of the animals like meat and other components of the slaughtered animals except with the consent and permission of the owners of the slaughtering animals as the defendants Corporation has no right or claim over the same except the prescribed fee for slaughtering the animals in these slaughter houses and the owners of the slaughtered animals are entitled to take anything out of the slaughtered animals without contravening any statutory rules as to the maintenance of hygienic condition otherwise they can remove the same as their own property. "
4. The applicants/defendants filed counter-affidavit controverting the allegations made in the plaint stating further that the 'association is only a welfare association and it has no concerned with the blood of the animals of the butchers. It was further submitted that the association did not produce any document showing that the butchers have authorised the association to collect the blood of the animals of the butchers. The K.M.C. Further stated that only the waste blood is taken by them.
5. Further, according to the K.M.C., the plaintiffs/respondents have also not produced any document licence nor they produced any document showing that they are slaughtering the animals at the slaughter-houses. Further, it was stated that under section 2(55) of Sindh Local Government Ordinance, 1979, the K.M.C. Has been performing its duty by removing the waste-blood for which the K.M.C. Have every right to remove.
6. The Trial Court after hearing the parties, granted the injunction application. The defendant/applicant filed appeal against the said order which was dismissed by the learned District Judge vide order dated 19-5-1993 against which the K.M.C. Has filed this revision application challenging both the aforesaid orders.
7. I have heard Mr. Manzoor Ahmed for the applicants and Mirza Abdur Rasheed for the respondents.
8. The contention of the applicant's counsel was that the respondent association has no right to collect the blood of the slaughtered animals on behalf of the owners of such animals. He further contended that K.M.C. Has been collecting the "waste-blood" only. He further contended that the respondent Association has no right to collect the blood as its members are not butchers.
9. The controversy between the butchers and the K.M.C. For collecting the blood of slaughtered animal the Hon'ble Supreme Court in the case reported in 1992 SCM R 857 (Muhammad Iqbal Qureshi v. Mayor, Hyderabad Municipal Corporation. Hyderabad and another). The relevant observations of the Hon'ble Supreme Court are as under:-- "Since meat and blood are the end products of a slaughtered animal, it must follow that the same belong to the owner of the slaughtered animal. If the owner of the slaughtered animal is entitled to remove meat, he is also entitled to remove blood. The blood being a separate property, the owner of the same cannot be deprived of it without being compensated in view of Article 24 of the Constitution. However, the right to acquire, hold and dispose of property under Article 23 of the Constitution, is subject to reasonable restriction. In the present case, it is the statutory duty of the respondent Corporation to remove 'refuse' which includes 'waste-blood'. If the butchers leave the blood on the floor and/or allow it to flow in the drain of the slaughter-house, it becomes 'waste blood' warranting removal of the same by the respondent Corporation in discharge of its statutory duty, but in case the butchers can remove the blood before it becomes 'waste-blood' without contravening any statutory rules as to the maintenance of hygienic conditions, they can remove the same as their property. "
10. It is an admitted position that the respondent No. 1 is a registered society of butchers, established for the welfare of the butchers under the name and style of "Meat Merchant 'and Welfare Association". The General Secretary of respondent Association in his affidavit filed alongwith the plaint stated that the respondent Association is duly registered under Act XXI of 1860 and its members have been slaughtering their animals. The applicant/K.M.C. Did not controvert that the respondent was a registered association of butchers and that its members had been slaughtering their animals in the slaughter-houses. In view of the above and according to the decision of the Hon'ble Supreme Court, it is settled that the owners of the slaughtered animals are entitled to collect the blood of their slaughtered animals before the blood becomes 'waste blood' and that the K.M.C. Has no right to collect the blood of the slaughtered animals except the 'waste blood'. The respondent which is an association of butchers duly registered under Act XXI of 1860, had succeeded in establishing prima facie that its members were butchers, therefore, the members of the respondent Association cannot be deprived of their legal right to collect blood of their slaughtered animals, which is their own property. No doubt that the K.M.C. Had/has a right to confirm and verify that the owner of the animal who brings his animal to the slaughter-house is a butcher or not but in the instant case the respondent Association, which is a registered association of butchers proved that its members were butchers by profession. In view of the above, balance of convenience also lies in favour of the members of the registered association and its members shall suffer irreparable loss if they are not allowed to collect the blood of their slaughtered animals.