SHEIKH MUHAMMAD ALI Vs. SHEIKH SULTAN AHMAD

JUDGEMENT

(1.) Both these appeals arises out of Suit No. 76 of 1920 instituted in the Court of the Munsif of Azamgarh by two plaintiffs Sultan Ahmad and Iqbal Ahmad. The suit was a suit for pre-emption and various parties were impleaded as defendants. One of these parties was Sheikh Muhammad Ali who was impleaded as defendant second party. lie is the purchaser of the property and he is the appellant in first Appeal from order, No. 40 of 1923. The other sets of defendants were Muzaffar Husain the vendor first party and two other parties who were rival pre-emptors and who had instituted separate suits for pre-emption.

(2.) The Court of first instance held that the plaintiffs could not succeed as no proof of a custom of pre-emption was forthcoming. The lower Appellate Court reversed this decision of the Court of first instance and having done so remanded the suit for disposal on the merits.

(3.) We now have these two appeals, one by Sheikh Muhammad Ali the purchaser who was impleaded as defendant second party, and the other, namely, Appeal No. 50 of 1923, by Muhammad Junaid and others, who were impleaded as defendants third party. These last were, as we have said, rival pre-emptors.