1. The appellants purchased suit land measuring 1 kanal 0 marlass situate in village Natipora-Chanapora, Srinagar, from the Ghulam* Khan vide sale-deed registered on 5-7-1961 Respondents Yaqoob Khan sought to pre-empt the sale on the grounds that being the tenant of the suit land and also as son of the vendors brother, he had a preferentail right under Sec 14 (a) & 14 (d) firstly and fourthly, of the Right of Prior Purchase Act. The trial court decreed the Suit on both the courts, holding the plaintiff to be a tenant as well as agnate of the vendors. The vendees-defendants appealed against the decree to the District Judge, Srinagar. However, before the District Judge, it Was conceded on behalf of the plaintiff that he was not the tenant of the suit land. The fact was recorded by the appellate court but the appeal was dismissed and the suit decreed on the solitary ground v\z. the plaintiff being son of the brother of the vendor had the right to pre-empt the sale under Sec. 14 (b) firstly and fourthly, the defendant appellants herein have again questioned the legality of the findings recorded against them through this second appeal.

2. As finding of fact recorded by the two courts bel

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