JUDGMENT

TULZAPURKAR, J. :— A compromise decree in a suit for partition (to which the appellant and respondent No. 1 were parties) conferred a right of pre-emption on all the parties thereto inasmuch as after allotting the different properties to them a provision was made in the decree to the effect that if the plaintiffs or defendants wanted to sell the properties allotted to them they should sell the same among themselves mutually. It appears that under this compromise decree 5 acres of land bearing survey No. 236/1/2 part was allotted to the share of respondent No. 1. Instead of offering the said land to the appellant the first respondent sold the same to the second respondent (her daughters son-in-law) by registered sale deed dated 25-9-1962, for a price of Rs. 4,000 and upon the execution of the deed the possession was also delivered to the second respondent. On 10th March, 1964, the appellant (who was plaintiff No. 1 in the partition suit) filed a suit being Regular Civil Suit No. 30/64 in the court of the Civil Judge, Phaltan, seeking to assert her right of pre-emption in respect of the said land basing her claim entirely upon the compromise decree. She prayed for revocation