1. This is defendant's appeal in a suit for pre-empiion. Ganpat, son of Chotu, sold the house in suit to the appellant, Jaganath. Ranchhod claimed the right of preemption in suit No.38/1946-47 in the Court of the Munsif, Dhar, alleging in (Para. 4 of the plaint) that as soon as he heard of the sale, he declared his intention to pre-empt and informed the vendor that he wanted to exercise his right. In para. 5 of the plaint, he averred that he went with two witnesses to the vendor with Rs.500 but the latter refused the offer. In para. 9, he stated that on the vendor's refusal to convey the property to him, he convened a Panchayat wherein the vendor said that the house had in fact been sold for Rs.500 but the purchaser Jaganath wanted it to appear that the price was Rs.1000, and further the vendor said that if Jaganath agreed, he would convey the house to the pre-emptor i.e., the plaintiff. The defendants denied the allegations of the declaration referred to in para. 4 of the plaint as also in para. 5. They admitted the Panchayat but not the allegations regarding the admission of the vendor that the price was Rs.500. The suit was dismissed by the learned Munsif. An appeal wa