( 1 ) THESE two appeals arise out of two proceedings for enforcement of two pre-emption orders. The pre-emptor is the appellant before us and the facts relevant for our present enquiry are as follows:

( 2 ) A non-agricultural holding belonged to three persons, viz. , Suresh, Ramesh and Gopal, each having an undivided one-third share in the said property. On January 10, 1944, Suresh's one-third share passed to one Dwarka Nath Pal in execution of a decree. Possession was taken by this auction-purchaser on May 9, 1944. On July 15, 1944, the present appellant Tarapada Mishra purchased the said share from Dwarka's heirs' and legal representatives by a registered kobala. On September 20, 1950, the respondent Hare Krishna Das purchased Gopal's undivided one-third share by a kobala which was registered on September 21, 1950, and on the same date, namely, September 21, 1950, Hare Krishna's minor son Saradindu, who is the respondent in the other appeal (No. 9 of 1955), purchased Ramesh's undivided one-third share by a kobala, registered on the same date. Thereafter, Tarapada, the present appellant, made two applications for pre-emption under Section 24 of the West Bengal