Nlyog—This is a plaintiff's appeal from a reversing judgment of the second Additional District Judge, Akola, dismissing the suit for pre-emption. The plaintiff's case was that on 20th May 1932 Damodhar, respondent 3, sold to Bhagabai respondent 2, a field Survey No. 614/4 for Rs. 200. Subsequently Bhagabai sold the same field to Gangabai, respondent 1, on 1st February 1933. The plaintiff-appellant originally instituted the suit against Bhagabai and Damodhar for preemption on the ground that the transferee was a stranger. Mt. Gangabai was subsequently impleaded in the suit. Now the only contesting party is Mt. Bhagabai. It is unnecessary to recapitulate the pleadings as the only question which arises upon this appeal is one of pure law. It is whether the subsequent sale on 1st February 1933 to Gangabai, who admittedly holds a share though smaller than that held by the appellant, can, by her purchase, defeat the appellant's right to claim pre-emption.

2. The lower appellate Court answered the question in the affirmative on the strength of two rulings of the Allahabad High Court, namely Liakat Husain v. Rashiduddin, 1907 29 ILR(All) 125 Hans Nath v. Ragho Prasad Singh, 1932 AIR