Sanjay K. Agrawal, J.

The substantial question of law involved, formulated and to be answered in this plaintiff's second appeal is as under: -

"Whether both the Courts below are justified in holding that the plaintiff has no preferential right of pre-emption under Section 22(1) of the Hindu Succession Act, 1956 by holding that he has waived his right of pre-emption by agreement dated 29.10.1980 (Ex.D/1)?"

2. With the consent of parties, the substantial question of law is reframed as under: -

"Whether both the Courts below are justified in holding that the plaintiff has no preferential right of pre-emption under Section 22(1) of the Hindu Succession Act, 1956 by holding that he has waived his right of pre-emption by agreement dated 20.10.1965 (Ex.P/1)?"

(For the sake of convenience, parties would be referred as per their status and ranking shown in the plaint before the trial Court.)

3. The suit house bearing Corporation No.29/451, Hatripara Ward, Tahsil & District Raipur was held originally by Tularam Soni who died leaving behind him his three sons Radheshyam, Vidyanand (original plaintiff) and Ramesh alias Raghunath Prasad (defendant No.2). Three sons effected an amicable part