Harnam Singh, J. - (1.) THE following pedigree table will be helpful in understanding the facts of this case:
(2.) THIS appeal arises out of a suit for possession by pre -emption of land measuring 338 kanals 5 marlas situate in the area of Bura Gujjar, Tahsil Muktsar. The trial Court decreed the suit on payment of RS. 4,800 on the finding that Lal Singh was a cognate of the vendor and out of the ostensible sale price of Rs. 6,500, RS. 1,700 was a fictitious item. The Court of first appeal reversed the decision of the trial Court and dismissed the plaintiff's suit with costs throughout. Lal Singh, plaintiff, appealing under S. 100, Civil P. C, in the High Court of Judicature at Lahore, S. A. Rahman J. held that Lal Singh was a heritable bandhu of Dharam Singh vendor and as such entitled to pre -empt the sale. It was further held that if custom were the rule of decision, Lal Singh would not be an heir of Dharam Singh vendor. On the finding that Lal Singh was a heritable bandhu of Dharam Singh vendor S. A. Rahman J. allowed the appeal, set aside the order passed by the Court of first appeal and restored that of the trial Court leaving the parties to bear their own costs throughout.
(3.) FROM the judgment passed by S. A, Rahman J. in R. S. A. No. 45S of 1945 the contesting defendants preferred an appeal under cl. 10, Lettera Patent, 'constituting the High Court of Judicature at Lahore. The appeal has, however, been transferred for disposal to this Court under Art. 13 (3), High Courts (Punjab) Order, 1947.;