( 1 ) THIS is a defendants appeal arising out of a suit for pre-emption. The facts briefly stated are : there is a grove No. 1247 in Mahal Maufi Thok Mohammad Naqi in the town of Amroha. The parties are co-sharers in the Mahal. Defendants 2 to 6, namely, Syed Hasan, Munsif Hasan, Mt. Manzoor Fatma, Absan Hasan Khan and Mt. Fatma Sughra, sold their shares in the grove to zamir Abmad by means of a sale deed, dated 29-6-1942, for a consideration of Rs. 200. Haidar nazar filed a suit for pre-emption on the ground that he had, according to the custom of pre-emption prevailing with regard to the property in dispute a preferential right and was entitled to pre-empt the property sold. He claimed the preferential right on the ground that he was a relation of the vendors in addition to his being a co-sharer, while Zamir Ahmad, the vendee, was merely a co-sharer. The defence inter alia was that there was a custom of pre-emption in amroha, that, at any rate, if there was a custom it was in accordance with the Muham-madan law and that as the plaintiff had not performed the demands necessary under that law, he was not entitled to pre-empt the property. The trial Court held that ther