JUDGMENT

1. These appeals have arisen out of a suit instituted by the plaintiff to enforce a right of pre-emption. The plaintiff and defendant 2 were cosharers in respect of a homestead, the plaintiff having a 12 annas share and defendant 2 the remaining 4 annas share. Then there was an agreement between the parties, the relevant terms whereof are set out below, and the substance thereof was that neither party would be competent to sell his share in the homestead but to the other. Thereafter defendant 2 mortgaged his 4 annas share in the homestead to the plaintiff and afterwards sold it to defendant 1. The plaintiff then instituted this suit for a declaration that the sale held as aforesaid in contravention of the agreement was ineffectual as against him, and for a sale-deed being executed in his favour on receipt of the value of the share minus the money due on the mortgage, and for other reliefs. The main defence of the defendants was that the agreement was void as being due to undue influence, and misrepresentation and that defendant 1 was a bona fide purchaser for value. The Courts below have decreed the suit in a modified form. The defendants as well as the plaintiff have then