Three cases (1) Wali Mohammad Versus Faqir Mohammad and ors, L.P.A. No. 3 of 1968, (2) Ram Lal Versus Abdul Aziz and ors, civil second appeal No. 97 of 1971, and (3) Gaffar Ganai Versus Abdul Aziz, Civil second appeal No. 105 of 1972, have been referred to the Full Bench for an authoritative pronouncement on the question raised in these appeals.

Wali Mohamad Versus Faqir Mohamad is Letters Patent appeal against the judgment of Mr. Justice S. M. F. Ali (as his Lordship then was) partly allowing the appeal of the appellant which arose form the decision of the District Judge, Poonch in a suit relating to right of prior purchase. In this case, the plaintiffs-pre-emptors brought a suit for right of prior purchase on the ground that they were the tenants and, therefore, had preferential right to purchase the land in dispute. During the pendency of the suit, the defendant vendee improved his status by acquiring by gift a piece of land in the same khewat from the vendors. According to the vendee he became a co-sharer with the vendors and, therefore, claimed superior right as against the plaintiffs pre-emptors, thus defeating the right of the plaintiffs to claim the property in exerc