1. This Civil Miscellaneous Appeal is from an order of remand. The second defendant is the appellant. The plaintiff sued for cancellation of a sale deed executed by the first defendant in favour of the second defendant. The trial court dismissed the suit but on appeal the decision was set aside, and the suit was remanded.

2. The property in dispute belonged to the plaintiff's tarwad. There was a partition in 1124 evidenced by Ext. P.1 which provided that if any party wanted to sell the property obtained by him in partition the other members would have a right of pre-emption. According to the plaintiff, she was ready to purchase the property but the first defendant sold it to the second defendant, a stranger under Ext. D-1 on 23 41956. The sale deed having been executed in violation of the provision in the deed of partition, the plaintiff sued for cancellation of Ext. D1. The defence was that the suit in this form was not maintainable and that the clause restricting alienation was void. The trial court held that the clause in the deed of partition was void, and dismissed the suit. The lower appellate court held that the restraint on alienation was only partial and not abs