JUDGMENT

1. The dispute between the parties to this appeal relates to the interpretation of the words "bhai" and "baradarzadah." It is contended on behalf of the defendant-appellant the vendee that the words "bhai" ant "baradarzadah" in the wajib-ul-arz mean own brother and the son of the own brother, and that they cannot be extended to mean any other relatives.

2. It appears that one Musammat Saidunnissa executed a deed of sale in favour of Musammat Reaz-un-nissa and the latter in her turn conveyed the property to one Sayed Fazal Haq. Thereupon Aziz Hasan, Musammat Rahmat-un-nissa Bibi and Waqar-un-nissa Bibi sued to recover possession of the property from Fazal Haq on the allegation that they had a preferential right to get it. They alleged that they were of the same family as Musammat Said-un-nissa and, therefore, under the terms of the wajib-ul-arz had a preferential right to the property as against as stranger. The Court of first instance dismissed the claim holding that the plaintiffs were too distantly related to Musammat Said-un-nissa to fall under the terms "bhai" and "baradarzadah."

3. On appeal the learned District Judge disagreed with toe First Court and held that the word