This appeal has been filed against the judgment and decree dated 9th September, 1982 passed by the Second Additional Sub-Judge, Bhagalpur in T.S. Nos. 28/78/34/82 whereby the plaintiff has been granted the decree of pre-emption to repurchase the house described in Schedule-I of the plaint from the defendant first party after payment of the consideration amount of Rs. 10,000/- of the earlier sale deed dated 11.11.1996.

2. The relevant facts, as uncurtained in this appeal, are that Babu Sakhichand was the owner of a residential house in Sakhichand Ghat Road in Mohalla-Nayabazar, Bhagalpur as well as other properties. The predecessors of the plaintiff, the defendant 1st set and the defendant 2nd set were the sister's sons' of Babu Sakhichand and had inherited his properties after his death. Later on, there had been partition by metes and bounds among them with regard to those properties through a registered deed of partition dated 16.7.1954. In that partition, Babu Brijchand, the father of the plaintiff, was allotted the northern portion of the residential house described in Schedule-I of the deed and his brother Krishan Chand, the predecessor of the defendant 2nd set was allot