S.S.Dulat, J.

1. The facts giving rise to this Letters Patent Appeal are these : An area of land measuring 7 Bighas 12 Biswas comprised in fields 869/1 and 869/2 in Bhiwani was sold for Rs. 3,000/- by Parkash Chand to Banarsi Dass and five other persons. Within a short time five of the vendees sold their shares to the sixth vendee and two other persons and the subsequent vendees appear to have put up a building on a part of the land. A suit was brought for pre-empting the original sale and the suit was by Dhan Raj who claimed to be a co-sharer in the land and also a relative of the vendor. The suit was resisted and it was said in defence that the land sold was not agricultural land and, therefore, not subject to pre-emption. The plaintiffs right of pre-emption was denied and it was further pleaded that the vendees had made certain improvements consisting of the building set up on the land and were entitled to compensation on that account.

2. The trial Court found that the price of the land Rs. 3,000/- was actually paid and that the plaintiff had a right of pre-emption as the land sold was agricultural land and he was a co-sharer in the land and also related to the original