( 1 ) THIS is plaintiffs second appeal arising out and from judgment and decree dated September 23, 1985, delivered by the district Judge, Tumkur (Sri P. S. Gundawade), allowing the defendant's first regular civil appeal R. A. No. 4 of 1974, from the judgment and decree dated 16-3-1974, delivered by Sri K. P. Kempegowda, Additional Civil Judge, in Original R. A. No. 32 of 1971, setting aside the judgment and decree of the Trial Court and dismissing the plaintiff-appellant's Original Suit No. 32 of 1971, at the Court of Additional Civil Judge, Tumkur.

( 2 ) THE plaintiff-appellant filed the suit for decree for declaration declaring that the plaintiff is entitled to exercise the right of pre-emption, i. e. , right of preferential acquisition of suit property under Section 22 of Hindu Succession Act, i. e. , Act No. 30 of 1956, in respect of one half share in the suit schedule properties and for further direction to defendant 2, that is, respondent 2, to deliver the possession of Items Nos. 1 and 2 of schedule property to the plaintiff. The plaintiff further claimed a direction to be given to make enquiries as to future mesne profits from the date of the suit under Or