Judgment.-This is a regular first appeal by Mohammad Ismail and other defendant-vendees from the judgment of the learned District Judge decreeing the plaintiffs suit for pre-emption against them. The suit for pre-emption was instituted on the ground that the house sold to the vendees was contiguous to that of the plaintiff. This was admitted by the defendants but they resisted the suit on the ground that the plaintiff had waived his right of pre-emption and was therefore estopped from instituting the suit. They also pleaded in the alternative that they had spent Rs.500 in keeping the property in dispute in a state of good repair and were therefore entitled to a decree for that amount, if the claim for pre-emption succeeded. The learned District Judge who tried the suit framed necessary issues on the pleas put forward by the defendants and, as stated above, ultimately

1950 Raj./1 decreed the suit in plaintiffs favour and disallowed the defendants claim for cost of improvements.

2. In this Court the learned counsel for the defendant-vendees has not seriously contested the finding of the learned District Judge on the question of waiver. The provisions of the statute so far as Mar war is

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