Sharma, J.—This is a second appeal by the defendant in a suit for pre-emption.

2. The plaintiff, Mst. Sunder Bai, alleged in the plaint that she was the owner of a certain property shown in the plan filed by her in red colour, and that she being a shafai-i khalit was entitled to the pre-emption of the property shown in yellow colour and marked B in the said plan, which was purchased by Gafoor from Ganga Sahai, defendant No. 1.

3. The defendants contended that the plaintiff had no right of pre-emp-tion, and it was found by the first court that she had no such right, and her suit was dismissed. On appeal, the District Judge, Jaipur City, however, reversed the decree of the first court, and decreed the suit on pay-ment of Rs. 300/- within one month from the date, of decision. The vendee, Gafoor" filed a second appeal in the former Jaipur High Court and a point was raised on his behalf that according to the plaintiffs own plan, there was a gully intervening between property A, claimed by the plaintiff to be her own, and the property B, which was the subject-matter of pre-emption. The plaintiff could not, therefore, be said to be the owner of adjoining immovable property (shafai-i-jar) an

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