I.D.Dua, J.

1. This is a defendants appeal against the judgment and decree of the Additional District Judge, Rohtak, granting to the plaintiffs a decree for possession of the land in suit on the ground that the transaction in suit though described as a gift was a sale and that the plaintiffs had a preferential right to pre-empt the said sale. The plaintiffs alleged that the land mentioned in the plaint belonged to Suraj Bhan defendant No. 1 who transferred 5/6th share of the same measuring 101 bi-ghas and 9 biswas with shamilat rights to defendants Nos. 2 to 6 for a sum of Rs. 8,000/- on the 19th of December, 1946, besides the mortgage charge on this land. The mutation was accordingly sanctioned on, the 26th of December, 1918. This mutation, the plaintiffs pleaded, though described as a gift, was in fact a sale. The plaintiffs who claim to be the collaterals of defendant No. 1 and also Biswedars filed a suit for pre-emption on the ground of having a preferential right of purchase than defendants Nos. 2 to 6. A part of the land in dispute was already under a mortgage with a charge of Rs. 12,000/-. Therefore the plaintiffs sued for possession by pre-emption on payment of Rs.