This is plaintiffs first appeal and arises out of a suit instituted by him to pre-empt the sale made by one Mst. Asha Bibi in favour of Ismail Ganai for a sum of Rs. 3,500/-. The plaintiffs case is that his house is contiguous to the house sold by the vendor to the vendee and that he has a prior right to purchase the property as against the defendant vendee. He further averred that defendant No. 3 by a fictitious document had exchanged his property with defendant No. 1 but that exchange was not genuine. Defendants Nos. 1 and 2 contested the suit on the ground that the plaintiff had waived his right to pre-empt the sale, that defendant No. 3 had become owner of the property in dispute by a. deed of exchange dated 22nd Poh, 2011 and registered on 22nd Phagan, 2011 and that the plaintiff does not possess superior right of purchase in respect of the property in dispute against defendant No. 3. The trial Court after considering the evidence adduced by the parties came to the conclusion that the defendants had not proved the plea of waiver but in view of the fact that defendant No. 3 who had acquired the property by exchange from defendant No. 1 had equal right of prior