Judgement

Consolidated Appeals and cross-appeals from two judgments and consequent decrees of the Court of the Judicial Commissioner; the first (December 23, 1915) reversing a judgment of the Divisional Judge, Peshawar, which affirmed a judgment of the Subordinate Judge, Mardan ; the second (January 26, 1917) dismissing appeals from the Subordinate Judge after a remand.

The suits giving rise to the appeals were brought by the respondents. By their respective plaints each respondent stated that his claim was " for a declaration of pre-emption right " in a share of the village Tazagram in the Peshawar district. Each plaint in fixing the value of the suit for Court fees stated that it was a " declaratory suit," and the Court fee paid in each case was Rs. 10. The appellants, who were the vendees of the properties sought to be preempted, were defendants ; the vendors, the recorded proprietors of the village, also were defendants.

The defendants pleaded (inter alia) that "a further relief— namely, for possession of land—being open to the plaintiffs, their present suit for a mere declaration cannot lie (vide Specific Relief Act, 1877, s. 42)." The plaintiffs (respondents) by their replica