1. The defendants have filed this First Appeal against the judgment and decree dated 2-11-2007 passed by Sri Ranjan Kumar, Subordinate Judge III, Aurangabad in Pre-emption Suit No. 226 of 2004/115 of 2004.

2. The plaintiffs-respondents filed the aforesaid pre-emption suit praying for a decree for transferring the suit land by the defendant No. 2 in their favour and also prayed for restraining the defendants from transferring or making construction over the suit land.

3. The plaintiffs-respondents prayed the aforesaid relief on the facts that the plaintiffs and the defendant No. 1 had common ancestor Late Dargahi Sao and they constitute a joint Hindu family governed by Mitakshara School of Hindu Law. Dargahi Sao had three sons namely Mungeshwar Sao alias Mungeshwar Prasad, Bhagat Sao alias Bhagat Prasad and Rajaram Sao alias Rajaram Prasad. Mungeshwar Sao died in the year 1974 leaving behind his four sons. Out of them, Dwarika Prasad is plaintiff No. 2. Bhagwat Prasad died in the year 1999 leaving behind his four sons and out of them, Bijay Prasad is plaintiff No. 1. The defendant No. 1 is the third son of Dargahi Sao i.e. Rajaram Sao. The further case is that the plaintiff