1. This second appeal is in a suit to enforce pre-emption.

2. The suit property is a part of a non-residential building that belonged to the tarwad of plaintiffs 1 and 2 and defendants 1 and 3 before it was partitioned under Ext. P-1 dated October 15,1949. There is a covenant in the partition deed that if any sharer of the building, who took under the partition, were to sell his share at any time, it must be offered to the other parties to that deed for a fair price and only after they have refused in writing to purchase can it be assigned to a stranger.

The 4th defendant instituted a suit O. S. No. 1447 of 1950 on November 25, 1950 on certain promissory-notes executed by defendants 1 and 2, got a decree on January 22, 1952 charged on the suit property, and, executing the same, purchased it on October 14, 1954, for Rs. 775 As. 2. That sale has been confirmed on July 14, 1955. The 4th defendant has assigned his title to the 5th defendant.

This suit has been instituted on November 7,1955, to enforce the covenant for pre-emption in Ext. P-1. The Courts below found the covenant to be valid in law but unavailable against a court-auction-purchaser and therefore dismissed the sui