Ranjit Singh Sarkaria, J.

1. The question referred for opinion to this Full Bench is :-

"Where a suit for pre-emption filed by a reversioner is dismissed, is his subsequent suit challenging the sale of the same property, under custom, for want of consideration and legal necessity, barred?"

2. The circumstances leading to this order are, that Harji, defendant-Respondent 1, sold the land in suit to Ram Karan, Defendant-Respondent 2. Two rival suits for possession by pre-emption were instituted in respect of that sale, one by the vendors son, Amar Chand plaintiff-appellant, and another by Phusa, defendant 3. The suit brought by the vendors son was dismissed as time barred, while that of Phusa was later decreed. After the dismissal of his pre-emption suit, Amar Chand instituted the usual declaratory suit under custom, alleging that the land was ancestral and the sale not being for consideration and legal necessity, would not affect his reversionary rights after the death of the vendor. In that suit, he also assailed the pre-emption decree obtained by Phusa, Defendant 3. This declaratory suit was resisted by Phusa, inter-alia, on the ground that since Amar Chand plaintiffs suit