JUDGMENT

Sulaiman, J. - This is a plaintiff's appeal arising out of a suit for pre-emption of a property situated in the district of Bundelkhand, which was sold on the 22nd December 1923. The vendor was a member of an agricultural tribe and so were the vendees, but the vendees were not cosharers in the village at all. The pre-emptors, on the other hand, are not members of the same agricultural tribe as the vendor, but are co-sharers not only in the mahal but in the very khata in which the share sold is situated. Before bringing their suit for pre-emption the plaintiffs did obtain the sanction of the Collector under the Bundelkhand Alienation of Land Act, Section 16 (A), as amended by Act 4 of 1915. The plaintiffs based their claim mainly on the custom recorded in the wajib-ul-arz of the village. The defendants contested the suit on the ground that the plaintiffs had no right to maintain the suit and that they had no preferential right as against them. The trial Court came to the conclusion that although "purchase," in view of the pronouncement of this Court in the case of Suraj Bhan v. Somwarpuri [1915] 37 All. 662, did not include "pre-emption," nevertheless "pre-emption" did inclu