MODI, J.—The suit for pre -emption having been decreed by the court below, the defendant-vendees have preferred this appeal on the ground that the property sought to be prt-empted, namely, the roof of the shops, being indivisible part of the shops, no right of pre-emption accrues to the plaintiff-respondents under sec. 5(l) (a) of the Rajasthan Pre-emption Act, 1966. The learned District Judge has held that sec. 5 of the said Act is not applicable to the property in dispute. Mr. M.B.L. Bhargava, the learned advocate, challenges the correctness of the above finding.

2. In order to appreciate the point involved in this appeal, it is necessary to narrate the relevant facts which are no longer in dispute.

3. Ramdayal and his sons owned three shops at Alwar in the northern line on west-southern corner of Kedalganj Market. The said three shops have one common stair-case leading to the roofs of all the three shaps. Each shop has a verandah in its front comprising of a chabutri covered with a tin-shed. One of the shop with tin-shed verandah in its front was sold by Ramdayal and his sons to the plaintiffs Nos. 1 to 3 by sale-deed dated 18-12-66. Similarly, the other two shops with tin-shed ve

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