Nawal Kishore, J.—This is a first appeal by the plaintiff Mohanlal of Ladnu and arises out of a suit for pre-emption which was dismissed by the learned District Judge, Nagaur.

2. On 16th of March, 1943 Ganpatia and others mortgaged by conditional sale the house in dispute situated at Ladnun in favour of Rasula and his son Hasan for Rs. 1000/- at Rs. 1/9/-per cent per mensem on account of interest. It was stipulated in the mortgage deed that in case the mortgagors failed to redeem the mortgage by repaying the mortgage money within two years, the house will be deemed as having been sold to the mortgagees. This period of two years expired on 16th of March 1945 but nothing seems to have transpired on that day or thereafter till- 6th of June 1947 when the mortgagees obtained a Patta for the house in dispute. On 12th of August 1947, Mohan Lal sued for possession of this house by pre-emption on the ground that it touched his house towards the north. The defendant Rasula for himself and as the guardian of his son Hasan resisted the suit and pleaded that he had a superior right of pre-emption as while the plaintiffs house touched the house in dispute on the back, his house touched it both on

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