JUDGMENT

Edgley, J. - In the suit out of which this appeal arises the Plaintiff. Biraja Nath Chowdhury, sued for the preemption of certain property which had been bought by Defendant No. 2, Jitendra Narayan Deb Chowdhury, and Defendant No. 3. Jnanendra Narayan Deb Chowdhury by two kabalas, exhibits C and C1. dated respectively the 3rd of June, 1940. and the 15th of June, 1940. This property had originally belonged to Guru Prosad Chakravorty and on his death it devolved on the three nephews of this gentleman, viz. Ramesh, Jagat and Bimala. The Plaintiff purchased a two-thirds share of the property which belonged to Jagat and to Bimala. but was unable to purchase the remaining third share which belonged to Ramesh. In June, 1940, Defendants Nos. 2 and 3 purchased this share and the Plaintiff's contention was that he had duly exercised his right of pre-emption in accordance with the formalities prescribed by law, but that the Defendants had failed to execute a conveyance in his favour. He therefore instituted a suit against them for the pre-emption of the property on the 26th of December, 1940. A number of pleas were put forward in defence by the contesting Defendants; but in this appea