Kumar, J.

1. The appeal is by the plaintiffs against the judgment and decree of the Trial Court, which has dismissed the suit for enforcement of pre-emptive right under Mahomedan Law.

2. For the purpose of convenience, the parties are referenced to as they are referred to in the original suit.

3. The subject matter of the suit is property bearing CTS Nos. 700 and 701 situated at War No. II of Bijapur City, located towards South by property bearing CTS Nos.702 and 704, Ward No. II of Bijapur city. Plaintiffs-1 to 3 are owners of CTS No.702, Ward No. II of Bijapur City. They are in peaceful possession and enjoyment of their respective properties.

4. Defendants-2 and 3 are the owners of the schedule property. Defendant No.1 purchased the schedule property from defendants-2 and 3 under a registered sale deed dated 19.12.1996. The case of the plaintiffs is that defendant No.1 is not the resident of Bijapur city and he is a permanent resident of Babalad village. The plaintiffs disclosed their intention to purchase the suit property when the defendant No.1 who being the distant relative of defendants came over on thee suit property for enquiries. At the time of enquiries also the