DDIT NARAIN LAL Vs. RAM LACHHMAN RAO

JUDGEMENT

(1.) We have heard the learned Counsel in these appeals and are of opinion tint they must fail. The point for decision seems to us to be covered by authority.

(2.) The facts of the case as found by the Court below may be briefly stated as follows.

(3.) One Mehadeo Prasad had three sons, Kando Prasad, Brijnaudan, and Newal Rai. 3. According to the pedigree the line of Brijnandan had become extinct. The first plaintiff in the case, Udit Narain Lai, is the son of Kando Prasad, and the second plaintiff is Musammat Ram Kali who is the widow of Suraj Prasad son of Hewal Rai: Suraj Prasad is said to have died in 1904. It is to he noted that Suraj Prasad left surviving him a brother named Hirbans. 2. These two plaintiffs joined in a suit for pre-emption claiming a preferential right on the ground that they were co--sharers in the village. 3. Their suit has failed on the grounds: (i) That Musammat Ram Kali is not a co-sharer in the village but, for the purposes of pre-emption, a stranger; (2) That Udit Narain Lal although he is a co-sharer in the village has lost his right for pre-emption by joining with him a stranger in the present suit.