RAMDATT Vs. PARAS RAM

JUDGEMENT

(1.) This is a plaintiffs application in revision against the judgment and decree of the learned District Judge of Mahasu and Sir-mur dated 21-4-1952 whereby the decision of the trial Court dismissing the suit was upheld.

(2.) Certain land was sold by the defendant-respondent Kapuro to the defendant- respondent Paras Ram. Thereupon the present suit was filed by Jwala Ram, Ram Datt and Dharam Dass as collaterals of the vendor for two reliefs in the alternative, one a declaration that the alienation would not be binding on the reversionary rights of the plaintiffs after the death of the vendor and the other pre-emption of the sale. The suit was dismissed in regard to both the reliefs by the trial Court, and that decree, as just stated, was maintained on appeal by the District Judge.

(3.) This revision is not concerned with the alternative relief based on pre-emption because the petitioner has failed to make good the necessary court-fee. The only point for consideration with regard to the other relief is whether the plaintiffs and the vendor were descendants from a common ancestor. It is, however, not necessary to go into the merits of the re-vision (although the learned counsel for the petitioner did argue on merits also) for it is liable to dismissal on another ground, as follows.