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

2. It was alleged by the respondent Jawala that Girdhari appellant purchased a guara from Jai Dayal and Hardayal for Rs. 26/8/- on 10th Sep-tetnber, 1941. The property is situated in village Hamidpur, Tehsil Behror, District Alwar, The basis of the right of pre-emption was said to be that—

(1) the guara of the plaintiff was situated close to that sold, and

(2) the pre-emptor was nearer in relationship to the vendors.

3. The defendant denied (he fact of the sale as also the right of the respondent to obtain the property by pre-emption.

4. The suit was at first dismissed, but under a particular legislation by the former Alwar State, which applied to this suit as well, it was restored, and ultimately a decree was passed by the Munsif Alwar, on 14th November, 1950, on the ground that the plaintiff had a right of pre-emption both on account of his being a near relation of the vendor as also on account of the plaintiffs guara being contiguous to the guara sold. The same judgment was upheld on appeal.

5. In this second appeal learned counsel for the vendee appellant contends that the right of pre-emption grante

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