JUDGMENT :

Panigrahi, C.J. - This appeal by the unsuccessful Plaintiffs arises out of a suit for enforcing the right of pre-emption under the Mahomedan Law against the purchaser of a plot of land from the Plaintiffs' co-sharer.

2. The Plaintiffs' case was that the disputed properties which adjoin their house belong to their uncle, Defendant No. 1, and had been allotted to their share at a partition. On the 26th May 1947 Defendant No. 1 sold the lands to Defendant No. 2, for a consideration of Rs. 775/-/-, by a sale-deed Ext. B. Plaintiff No. 2 heard about the sale on the next day and immediately claimed to exercise his right of preemption before Defendants No. 1 and No. 2 and immediately thereafter he repeated the demand before them in the presence of certain witnesses, who had been informed about their prior demand as well. The Plaintiffs also set up an alternative case based on an agreement to sell the Schedule Ka properties, but that case has not been urged in this appeal. Defendant No. 2's contention was that he was also a co-sharer of Defendants No. 1 and had, therefore got a preferential claim to purchase the disputed properties. He denied the claim of the Plaintiffs to pre-emp