SHINGHAL, J.—The defendants have been unsuccessful in both the courts below and have filed this appeal from the appellate judgment and decree of the District Judge of Ajmer dated July 22, 1961 in these circumstances.

2. The suit house is situated in Ajmer. Plaintiff Durga Prashad and pro-forma-defendant Raghunath Agarwal purchased that house from Mrs. S.R. Smith for Rs. 5,000/- under sale-deed Ex. A/1/5/5 dated October 4, 1946. Thereafter Durga Prashad and Raghunath Agarwal purchased a two-third share in the same house from G. M. Peters & G. V. Peters on November 9, 1946, for Rs. 5,000/- under sale-deed Ex. 6. Mohanlal and others, the contesting defendants, filed civil suit No. 67 of 1947 on February 5, 1947, laying a claim for pre-emption in respect of the sale made by Mrs. S. H. Smith. The suit was decreed in favour of the pre-emptors by judgment Ex. A. 1/5/1 dated July 33, 1951 which became final as no appeal was filed against it. The pre-emptors therefore became entitled to substitution in place of the present plaintiff and Raghunath Agarwal on payment of Rs. 5000/-. During the pendency of that suit, contesting defendants Mohanlal and others instituted another suit (No. 825 of 1

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