R Kaushalendra Rao, J—This appeal is by the Plaintiff in a suit for pre-emption. The pre-emption was claimed in respect of a half share in a house in Mehkar in Buldana district in Berar. The vendor, the vendee and the pre-emptor are all Mohammedans. The claim for pre-emption was based upon the Mohammedan Law of Pre-emption. The claim was decreed in the first Court but was dismissed by the first appellate Court holding that the Mohammedan Law of Pre-emption should not be applied to the case on principles of justice, equity and good conscience.

2. In second appeal it is contended for the Appellant that where the parties are all Mohammedans, it is not inequitable to apply the Mohammedan Law of Pre-emption. There is support for this contention in the decision reported in - ' Abdul Aziz v. Khairunnisa Begum, 1949 AIR(Nag) 361 (A) which relied on earlier cases of the Court of the Judicial Commissioner in - 'Mst. Sahibbee v. Bannoo Mian', 2 CP LR 231 (B) and - 'Abdul Razak v. Jagoba', 7 CP LR 117 (C). Those cases, the Respondent points out, related to the Central Provinces. But Berar is much more familiar with the right of pre-emption than the Central Provinces. It is however unnec