1. Appellant was the second defendant in a suit for enforcement of a right of pre-emption, which has been decreed by the learned Subordinate Judge, Kasargod reversing its dismissal by the learned Munsiff, Kasargod.

2. Plaintiff is the brother of the first defendant. By an agreement (muchalika) Ext. XI dated 2101964 they and their two brothers and two sisters appointed PW. 3, an Advocate who is also their relation, as arbitrator to partition the properties which they had inherited from their father. On 2/8/1965 PW. 3 passed his award Ext. Al dividing the properties among the sharers and allotting the suit property, among other items, to the first defendant. The parties have accepted the partition and have taken their shares in terms of Ext. Al. Ext. Al which has been registered but has not been filed in court as required by the Arbitration Act, provides in Para.8 for a right of pre-emption in the following terms:

"Every sharer will have a right of preemption in respect of the properties allowed to the other sharer provided such sharer exercising the rights of pre-emption shall have the property allotted to him under the award contiguous to the property in respect of which