DAVE, J.—This is an appeal against the judgment of the High Court of the former Jodhpur State, dated 22nd November, 1948. It was filed in the Ijlas-i-Khas of the former Jodhpur State on the 28th February, 1949. After the formation of the greater Rajasthan it has come for hearing before this Court by virtue of the provisions of the Rajasthan Appeals and Petitions (Discontinuance) Ordinances (No. XL of 1949 and No. XII of 1950).

2. In order to appreciate the facts of this case, it would be proper to give a pedigree table showing relationship of the plaintiff-appellant with some of the respondents.

Sarup Chand

Dhanraj Khub Chand

Tilokchand(Plaintiff appellant) Mulchand(Deft. Respdt. No.5)

Ganeshmal(Defdt. Respdt. No.6)

The parties in this case are residents of Ladnun. The respondents Nos. 5 and 6 Mulchand and Ganeshmal executed a sale-deed on the 3rd of April, 1944, in respect of a nohra situated in the same village in favour of the defendant respondents Laxminarayan and his sons Surajmal, Mansukhraj and Khinvraj. On the 3rd of July, 1944, this document was got registered but only by the vendor Mulchand. On the 16th of December, 1944. Trilokchand filed a suit for pre-emption of the sai

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