1. This appeal by the plaintiff is directed against the concurrent decision of the courts below and arises out of a final decree in a suit for partition.

2. Facts which are no longer in dispute may briefly be stated:

The plaintiff who is a stranger purchaser purchased six annas interest by a Kobala dated 15.2.76 and thereafter sued for partition of share in the said suit property. Defendant No. 2 who is also a stranger purchaser of two annas share in the aforesaid Bhiti, tank and Bagan properties was made a party defendant in the suit. The property originally belonged to the predecessor of defendant No. 1 who contested the suit for partition inter alia, asserting his right to pre-empt the portions .purchased by the plaintiff and defendant No. 2 under section 4 of the Partition Act. The suit was decreed in the preliminary form on June 1, 1960, by the learned Munsiff and the Court gave defendant No. 1 the liberty to purchase the shares of the plaintiff and defendant No. 2 under sec. 4 of the Partition Act. On September 26, 1962, defendant No. 1 filed two petitions, one for making the decree final, inter alia, invoking his right under sec. 4 of the Partition Act and expressed h