This Second Appeal has been filed by the defendant No. 1 questioning the legality of the decree and judgment passed by Civil Judge, Faizabad on 22. 5. 1956 in Civil Suit No. 3 of 1952 Choudhary Fazle Rab v. Mohd. Makin and another and of the Additional District Judge, Allahabad in first appeal No. 328 of 1957 decided on 31st March, 1977 affirming trial courts judgment and decree.

2. Respondent filed a suit for pre-emption claiming his superior right of purchase of the house in suit as against husband of Mst. Manzooran Nisa Bibi, defendant No. 2. The said defendant No. 2 got the house in suit from her husband in lieu of dower debt through a sale-deed executed in her favour by her husband. She then transferred the said house in favour of the appellant, who was defendant No. 1 in the suit, for a sum of Rs. 6,000/-on 15. 1. 1951. Respondents claimed in the suit that being a co-sharer in the house in suit he is entitled to pre-empt the property against the appellant. Defendants filed a common written statement for resisting the suit. It was inter alia pleaded by them that since the house in suit was situate in the township of Tanda and not in a revenue village therefore