1. - Heard learned counsels.

2. This matter pertains to claim of plaintiff-appellant for the right of preemption on the basis of a common wall situated between the two properties in question, one owned by the plaintiff-appellant and the another over which he claimed the right of preemption. In this very appeal, the question referred below was framed by the learned Single Judge of this Court in the following terms and was referred to the Division Bench for answer due to conflict of decision by Single Bench on earlier occasion:-

"Whether co-owner of a wall situated between the two adjacent immovable properties, are co-sharers within the meaning of Sec.2(1) of the Rajasthan Pre-emption Act, 1966, read with other Provisions of the Act so as to give right to the co-owner of the party - wall to pre-empt the transfer of other immovable property under Sec.6(1) of the Act.

3. The said reference was answered by the Division Bench on 1st October, 2007 in the following terms:-

"In the reference in hand, question before us is whether a person having share in a party wall will have the status of a co-sharer or a Partner as contained in Section 6(1)(i) and Section 2(1) of the Rajasthan Preem