Judgment

Nanavati, J.-The plaintiff-respondent claiming a right of pre-emption on the ground of being ‘Shafi-i-jar’ and ‘Shafi-i-sharik’ filed a suit in the Court of Civil Judge, Senior Division, Sholapur being Special Civil Suit No. 376 of 1990 and prayed for a decree of pre-emption and also for a direction to the appellants to sell the suit property for the price mentioned in the sale deed executed by their sisters in his favour. The trial Court on appreciation of the evidence led by the parties held that the respondent was no longer a co-sharer, as in the suit filed by the sisters for partition a decree was passed in their favour and in the execution proceedings, Suit House No. 85 went to the sisters and two appellant became the owner of House No. 84-B. The trial Court, therefore, held that the appellants did not fall into class I of the persons who are entitled to claim pre-emption under the Mohammedan Law. It further held that the appellants who were defend­ants in the suit have also their property adjoining to House No. 85 and, therefore, they are also entitled to claim the right of pre-emption. As the respondent and the appellants belong to the same class both are entitled to