Deo, J—An 0-8-0 share in Ratanpur Izara, taluq Kelapur, district Yeotmal, was the ancestral property of the Plaintiff (minor) and his father Anant who was the manager of their coparcenary. On 16th February 1943 Anant, acting for himself and as guardian of the Plaintiff, transferred to the Defendant-Appellant by Ex.P 10-23 share in the said Izara along with survey Nos. 15 and 10, with entire proprietary rights in the fields and the rights pertaining to the Izara village, along with all rights and all sorts of rights which the vendors were entitled regarding manta of patel and patwari and also other rights pertaining to the village.

The Plaintiff-Respondent, therefore, brought this suit for pre-emption on the ground that he was a co-occupant having vested right in the property sold and that as a member of the joint family he had a right to pre-empt the sale in question. He, however, did not dispute the consideration and the binding nature of the sale. His contention was that neither his father the vendor, nor the purchaser gave him notice required by Section 176, Sub-section (1), Berar Land Revenue Code. He therefore instituted the suit under Section 183 ibid.

The Defendant den