DAVE, J. - (1.) THIS is an appeal against the judgment of the High Court of the former Jodhpur State dated 22 -11 -1948. It was filed in the Ijlas -i -khas of the former Jodhpur State on 28 -2 -1949. After the formation of the greater Rajasthan it has come for hearing before this Court by virtue of the provisions of the Rajasthan Appeals and Petitions (Discontinuance) Ordinances (No. 40 of 1949 and No. 12 of 1950).
(2.) IN order to appreciate the facts of this case, it would be proper to give a pedigree table showing relationship of the plaintiff -appellant with some of the respondents. SARUP CHAND ______________________|______________________ | | Dhan Raj Khub Chand | | Tilokchand Mulchand (Plaintiff. Appellant) (Defdt. -Respdt. No.5) | Ganeshmal (Defdt. -Respdt. No. 6) The parties in this case are residents of Ladnun. The respondents 5 and 6, Mulchand and Ganeshmal, executed a sale -deed on 3 -4 -1944 in respect of a 'nohra' situated in the same village in favour of the defendant -respondents Laxminarayan and his sons Surajmal, Mansukhraj and Khinvraj. On 3 -7 -1944, this document was got registered but only by the vendor Moolchand. On 16 -12 -1944, Trilokchand filed a suit for pre -emption of the said property against the vendors and the vendees mentioned above in the Court of Thikana Ladnun. The defendant contested the suit on several grounds, one of them being that the plaintiff was not entitled to bring a suit for preemption because he was not related to the vendors within three degrees as required by Marwar Law of Pre -emption. The trial Court found that the plaintiff was related to the vendor Mulchand within three degrees but the other vendor Ganeshmal was related to him within four degrees and since the property belonged to them both and was jointly sold by them, the plaintiff's claim was not maintainable according to law. Accordingly the suit was dismissed by that Court.
(3.) THE plaintiff went in appeal and the Additional District Judge of the former Jodhpur State, who heard it, set aside the decision of the trial Court and remanded the case for its disposal on other issues. The defendant thereupon went in second appeal to the High Court of the former Jodhpur State. That Court set aside the decision of the first appellate Court and restored the trial Court's decree regarding dismissal of the suit.;