ORDER

1. These three appeals arise out of three suits brought for pre-empting the same sale. The first suit was instituted by the vendor's own brother, Badri Narain. He did not specially allege in the plaint that he was separate from his brother, though he brought a suit to preempt the share transferred by his brother. In the second suit brought by Najaf it was alleged in the plaint that the family was joint but this allegation was generally denied by Badri Narain in his written statement. The question of the jointness of the vendor and Badri Narain was in dispute but the learned Subordinate Judge did not frame any issue on this point. Apparently he has considered this question to be immaterial and he has held that the suit by Badri Narain is maintainable and he has the preferential right. He has tried to distinguish the case of Partap Narain v. Shyam Lal [1920] 42 All. 261, on the ground that there the sale-deed had been executed by the father for legal necessity and not by his brother. In our opinion the ratio decidendi of that case, to quote the words of the learned Judges themselves, was that when the interest of all were joint to allow the plaintiffs to pre-empt would be tantam