Honble SHARMA, J.–Instant appeal impugns the judgment and decree dated 30.4.1982 of the learned Addl. Dist. Judge No. 1 Baran whereby the suit for pre-emption, instituted by the plaintiff respondent No. 1 (for short the plaintiff) was decreed.

(2). Suit for pre-emption was instituted by the plaintiff against the defendant appellants (for short the defendants) in the trial Court in respect of suit property, on the ground that the plaintiff had been enjoying easementary right in respect of ventilates and drains of his house opened towards the suit property. The defendants No. 6 & 7 on 15.6.1966 sold the suit property by executing sale deed in favour of defendants No. 1 to 5 showing its value as Rs. 6,000/- whereas its actual value was Rs. 3,100/-. The defendants in their written statement denied the averments of the plaintiff and raised objections in respect of maintainability of the suit on the ground of non-joinder of necessary parties. As many as four issues were framed by the learned trial Court on the basis of pleadings of the parties. The learned trial Court after appreciation of evidence decreed the suit.

(3). I have given my anxious consideration to the rival contentions and ca

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