( 1 ) THESE are two second appeals arising out of two pre-emption cases. It will be convenient to deal with them together because they involve a common, question of law.

( 2 ) S. A. No. 620 of 1957 is a defendants appeal. Srimati Kesri Begum, the second respondent in that appeal owned two houses in the town of Milak in the district of Rampur. By a sale-deed dated 4th of December, 1953, she sold the two houses to the appellant. The respondent no. 1 Sri labh Singh owned a house adjacent to the houses sold. He sought to pre-empt the sale on. the ground that there was a custom of pre-emption prevalent in the town of Milak in accordance with which he, being a Shafi-e-jar was entitled to have the two houses in preference to the appellants. He, therefore, claimed the two houses in enforcement of his right of pre-emption. The suit was contested on various grounds. The existence of the custom of pre-emption relied upon was denied. The performance of the necessary Talabs was disputed and it was also pleaded that the plaintiff could not claim a right of pre-emption because a strip of land measuring three feet and six inches separating the plaintiffs house from the property sold