1. It is plaintiff's second appeal against the decision of the District Judge, Bhopal in First Appeal No.96 of 1951, dismissing the suit for pre-emption of a sale of a house.

2. It is not necessary to state the facts and the pleas of the parties which are abundantly, clear from the judgments of the two Courts below. It is enough to state that in both the Courts the issues for decision were whether the house was sold for Rs.3,500 instead of Rs.4,500; whether the plaintiff had waived his right to pre-empt; whether the plaintiff was estopped by his conduct, from claiming preemption. Both the Courts below found these issues against the plaintiff who now comes up to this Court in appeal.

3. It is contended that the right of pre-emption could not be extinguished without a notice under S.14, Bhopal Pre-emption Act, and therefore, the findings, that the plaintiff had waived his right or was estopped from enforcing it for pre-emption were incorrect; that the finding on the question of waiver, by the plaintiff, was vitiated on the ground of misapprehension of evidence; that the evidence on the question of estoppel against the plaintiff was not properly examined and the finding thereo