- (1.)IN order to appreciate the points of law arising in Regular S. A. No. 271 of 1949, the facts of the case may be set out in some detail.
(2.)ON 30-1-1947, Trikhu sold the lard in suit to defendants Nos. 2 to 7 for Rs. 3,000/ -. On 1-1-1947, Dalip Singh and Tega instituted civil suit No. 320 of 1947 for possession of the land in suit by pre-emption on payment of Rs. 3,000/ -.
(3.)DEFENDANTS Nos. 2 to 7 challenged the plaintiffs' right to pre-empt. In decreeing the suit the court of first instance found that the plaintiffs had a superior right of pre-emption as against the vendees. Admittedly, Dalip Singh and Tega plaintiffs and defendants Nos. 2 to 6 are collaterals of Trikhu in equal degree. Sunkoo defendant No. 7 was a stranger and defendants Nos. 2 to 6 having associated with Sunkoo sank to the level of Sunkoo on the date of the sale.