Hon'ble TATIA, J.—This D.B. Civil Special Appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the judgment and decree dated 21.2.1991 passed by the learned Single Judge in S.B. Civil First Appeal No.26/1977, whereby the learned Single Judge reversed the judgment and decree dated 28.2.1977 passed by the court of Addl. District Judge No.2, Jodhpur and dismissed the suit of the plaintiff filed in exercise of his right for pre-emption.

2. As per the facts pleaded in the plaint and in further and better particulars submitted in the trial court on the direction issued by the trial court vide order dated 8.2.1974, the original ancestor of the plaintiff was Roop Raj Bora. His son was Fateh Ram Bora. Fateh Ram Bora had three sons-Har Narayan, Narsingh Das and Ram Narayan. Thereafter, it has been stated in further and better particulars that Har Narayan and Narsingh Das got the house from Fateh Ram. How it came to two sons of Fateh Ram and what happened to Ram Narayan son of Fateh Ram, has not been disclosed in the plaint or in further and better particulars. Be it as it may be, it has been stated that after the death of Har Narayan and Narsingh Das