Kanhaiya Singh, J.

1. The suit in which this appeal has arisen was brought by Srimati Sudama Devi, who is respondent No. 1 to this appeal, to enforce a right of preemption to which she claimed to be entitled under a custom alleged to be prevailing in the State of Bihar. Two plots of land situate in the town of Chapra, viz., plots Nos. 460 and 462, are contiguous, the former belonging to the plaintiff and the latter to Musammat Kabutra Devi, defendant No. 2 each containing a house. It is averred by the plaintiff that on 25th December, 1951, she purchased orally from defendant No. 2 two dhurs forming the western portion of plot No. 462 measuring 1 katha. Thus, only 18 dhurs out of this plot remained with defendant No. 2, and it is this land over which the right of pre-emption is claimed and which forms the subject-matter of the present litigation.

2. The suit property was conveyed by defendant No. 2, to defendant No. 1, the appellant before us, by a registered instrument dated 29th December, 1951. It is said that as soon as the plaintiff received information of the sale she asserted her right of pre-emption and immediately repeated the same in the presence of witnesses on the