VINEY MITTAL, J.

1. This order shall dispose of two appeals being RSA Nos.2864 of 1994 and 2865 of 1994 as common questions of law and facts are involved in both the appeals.

2. For the sake of convenience, the facts are taken from RSA No.2864 of 1994.

3. The vendee-defendants have approached this Court through the present Regular Second Appeal.

4. A suit for pre-emption was filed by Rohtash Singh, plaintiff. It was claimed by him that he had purchased the land in khewat No.69 killa Nos. 17/1, 17/2 and 11/18 through two sale deeds dated February 10,1987 and June 20,1987 and, therefore, was a co-sharer in the khewat. On January 7, 1992 another co-sharer Sunheri sold 13 kanals 18 marlas of land to defendant- appellants. The said sale was sought to be pre-empted by pre- emptor Rohtash Singh by filing the present suit.

5. The suit was contested by the defendants. It was claimed that the plaintiff had no preferential right to purchase, inasmuch as, the defendants were also co-sharers in the suit land. Another objection was raised with regard to partial pre- emption.

6. The learned trial Court, on the basis of material available on record, held that the suit filed by the plainti