JUDGMENT

Roy, J. - This is a second appeal by the Plaintiffs arising out of a suit for pre-emption under the Mohamedan law. Connected with this second appeal is a civil revision by Mushtaq Ali Defendant No. 1, the vendee, who had put in an application u/O. 21, R. 97 of the CPC and which was dismissed by the learned Munsif on 12-12-1950.

2. The facts are not disputed. The Plaintiffs and the Defendants Nos. 2, 3 and 4 belonged to one family. Defendant No. 2 Smt. Bashiran is the wife of one Nabi Bux. Nabi Bux and Smt. Bashiran have a daughter Mahmodi Begum, who is Plaintiff No. 1, and three sons Mohammad Nabi, Aley Nabi and Haidar Bux. Smt. Aisha Begum Defendant No. 3 is the wife of Mohammad Nabi. Smt. Sarwari Begum Defendant No. 4 is the wife of Aley Nabi. Smt. Sultani Plaintiff No. 2 is the daughter of Haidar Bux. On 24 8-1945, Defendants Nos. 2, 3 and 4 executed a sale-deed in favour of Defendant No. 1 with respect to two houses in the city of Moradabad for a consideration of Rs. 2,000. One of the houses belonged in its entirety to Defendants Nos. 2, 3 and 4. In regard to the other house it was asserted on behalf of the Plaintiffs that 5/6th of it belonged to them in their own right