JUDGMENT

Sanjay K Agrawal, J. - The substantial questions of law involved, formulated and to be answered in this plaintiff's second appeal are as under:-

"1. Whether the lower Appellate Court was not justified in holding that the suit property vide Schedule 'A' of the plaint is not a joint family property in between the brothers and the finding in relation to partition is perverse ?

2. Whether the lower Appellate Court was not justified in dismissing the suit by holding that the plaintiff has taken a contradictory plea in relation to ownership and possession on the one hand, and right of preemption on the other hand ?"

[For the sake of convenience, the parties would be referred hereinafter as per their status shown and nomenclature in the suit before the trial Court].

2. The suit property was originally held by one Chamru Yadav. He had three sons namely Ramdev, plaintiff herein and Ramdular, defendant No.3 and one Ramsunder, who was not party to the suit. The plaintiff filed a suit claiming right of pre-emption that transfer made by defendant No.3 in favour of defendants No.1 & 2 on 12.7.90 is void and he had preferential right to purchase the suit land in order to maintain integ