( 1 ) THIS is a defendants second appeal in a suit for pre-emption of the sale of the part of a Haveli situated at Shamli, District Muzaffarnagar, by sale deed dated 29-6-1972, registered on 27-12-1972, for Rupees 15,000/- by the defendants Nos. 2 and 3 to the defendant No. 1. It was said that in the old Abadi of Shamli, to the west of Muzaffarnagar Road, the custom of pre-emption was prevalent since times immemorial among all the residents of that locality, hindus or Muslims, irrespective of religion, in accordance with Muslim Law, subiect however, to the fact that it was not necessary to make Talabs in accordance with that law, and the demand for preemption in any form was good enough The first right of pre-emption was that of a co-sharer, the next of a participa- tor in appendages and immunities, and the last that of a shafi-I-Jar. But the lost kind of right of pre-emption, on account of vicinage, had become void on the enforcement of the Constitution.

( 2 ) THE plaintiff claimed that he was a co-sharer in the Haveli; that he had his houses to the east of the Haveli, while the defendants Nos. 2 and 3 had their houses to the west thereof: that the inner courtyard