JUDGMENT

Phukan, J.-This appeal arising out of judgment of the High Court of Judicature at Allahabad is by the plaintiff. The parties shall be referred to as arrayed in the suit. The facts are as follows :-

The suit property originally belonged to one Sakhawat Ali. The property is situated in the village Sakrawal. A part of the village was included within the municipal limit of the town of Tanda. Sakhawat Ali transferred the suit property to his wife in lieu of dower debt and the same was sold in the year 1951 to one Mohd. Makin, predecessor of the defendant-respondent who was a stranger to the village. The plaintiff-appellant being a co-sharer filed the present suit claiming right of pre-emption. The suit was contested on the grounds inter alia that only the house was sold and not the land over which plaintiff could have exercised his right of pre-emption and that right of pre-emption ceased to be available once the suit property fell within the limit of municipality of Tanda. The trial Court decreed the suit holding that the transfer in question was not confined to the house alone but extended also to the house-site. Relying on four judgments of the courts of the munsif and the sub