Hon'ble JAIN, J.— Defendant No. 2-appellant Prahlad Kumar has preferred this Regular First Appeal under Section 96 of the Code of Civil Procedure challenging the impugned judgment and decree dated 9th July, 1992 passed by the Additional District Judge, Bayana, in Civil Suit No. 7/89 whereby the trial Court has decreed the suit for Pre-emption in respect of the disputed property filed by the plaintiff-respondent No. 1 Kishanchand.

2. Briefly stated the facts of the appeal are that on 1st March, 1989 the plaintiff filed a suit for Pre-emption in respect of disputed property against the defendants in the trial Court wherein it was pleaded that the plaintiff and defendant No. 3 Tilluram are real brothers and their ancestral residential house of their ownership is situated in Mohallah Sunar Gali, Bayana; the boundaries of which were mentioned in Para 1 of the plaint. The division of their house took place in between them about one year ago and after the division a common wall was raised in between their respective portions. It was further pleaded that there is one 'gali' (lane or narrow street), of common ownership and in the possession of the plaintiff and defendant No. 1, situa