PARJA RAM Vs. GANGA RAM

JUDGEMENT

(1.) THIS is a second appeal which has been referred to a larger Bench by Shamsher Bahadur, J.

(2.) THE suit from which the appeal has arisen was instituted by Ganga Ram respondent to pre -empt the sale of 94 Kanals 7 marlas of land and two houses by a number of vendors in favour of the appellant Parja Ram for Rs. 11,500 00 by a deed registered on the 22nd of February 1961. The plaintiff based his right of pre -emption regarding the land on the allegation that he was in occupation of 67 kanals 18 marlas of the land sold as a tenant under the vendors and he claimed that the vendors were not the owners of the houses. The plaintiff's right of preemption was denied by the defendants and the suit was dismissed on the finding that the plaintiff had no right of pre -emption, the issue on this point being treated as a preliminary issue. However, this finding was reversed by the learned Additional District Judge in appeal and the suit was remanded to the trial Court for a decision on the other points which arose. That order was challenged in the present appeal.