1. Heard Mr. K.A. Mazumdar, learned counsel for the appellants. Also heard Mr. T.U. Laskar, learned counsel appearing for the respondent.

2. This appeal is preferred by the defendants against the judgment and decree dated 01.06.2005 passed by the learned Civil Judge (Senior Division), Hailakandi in Title Appeal No. 30/2004, reversing the judgment and decree dated 29.06.2005 passed by the learned Civil Judge (Junior Division) No. II, Hailakandi in Title Suit No. 93/2003.

3. The second appeal was admitted to be heard by an order dated 28.07.2006 on the following substantial question of law:

"Whether the finding of the first appellate court is legally sustainable in view of the stringent conditions for pre-emption under Section 236 of the Mulla's Principles of Mahammadan Law?"

4. The plaintiff filed the suit for pre-emption and for declaring the sale deed dated 04.03.2003 as illegal and inoperative and for accepting the due price of the suit land and to register the same in his name by giving him khas possession. Alternatively, the plaintiff also prayed for getting the sale deed registered through court. Prayer was also made to set aside any ekramama, if made, after sale by defenda