AGARWALA, J.

( 1 ) THIS is an application in revision against an order rejecting the applicants application for being brought on the record as the successor-in-inte-rest of the plaintiff-appellant who had dled during the pendency of the appeal in the lower appellate court. The facts in brief are as follows :

( 2 ) AMANATULLAH, father of the applicant owned a house in the city of Banaras. Adjacent to it to the north, is the house of Abdul Rashid and Abdul Jalil, opposite parties Nos. 1 and 2. The latter sold their house by means of a deed of sale dated 20-7-1946 to Barkatullah, opposite party No. 3 for a sum of Rs. 1200/ -. Amanatullah claimed a right of pre-emption with regard to this sale on the ground that he was the owner of the adjoin-ing house and that he also participated in the appendages of the house in other words, he claimed to be a shafi-e-Jar and a shafi-e-Khalit. He claimed that he had performed the necessary demands. The suit was Instituted in the court of the Munsif, Banaras.

( 3 ) THE defence was that the plaintiff did not possess the preferential right of pre-emption nor had he made any demands as required by the Mohammedan Law. There were other defences with which