Agarwala, J. - (1.) This is a plaintiffs, appeal arising out of a suit for pre-emption. The suit has been dismissed by both the Courts below on the ground that the plaintiffs did not possess any preferential right of pre-emption as against the vendee.
(2.) It appears that the property in dispute is situated in a sub-division No. 4 of Mahal Jageshar Rai in village Barua Khurd in the district of Ghazipur. The defendants second set, namely, defendants 2 to 4, executed a sale deed of the property in favour of defendant No. 1, the defendant first set, for an ostensible sale consideration of Rs. 2000. The plaintiffs appellants, who are admittedly co-sharers in the mahal, brought the suit which has given rise to this appeal for pre-emption on the ground that they were co-sharers in sub-division No. 4 in which the property was situated, while the vendees were not co-sharers in that sub-division, though they were co-sharers in the other sub-division No. 1 of the same mahal. They, therefore, claimed that they had preferential right of pre-emption. They further claimed that the property was, in fact, sold not for Rs. 2000 as shown in the sale-deed, but for Rs. 1,400.
(3.) The trial Court held that the property was sold for Rs. 2000 and that as the various sub-divisions in the mahal were not assessed to separate revenue and the entire mahal was assessed to joint revenue making the co-sharers jointly liable for its payment, it could not be said that the plaintiffs had any preferential right of preemption. The lower appellate Court has come to the same conclusion as regards the question of preferential right of the plaintiffs, but has not gone into the other question raised before it, namely, whether the correct sale price was Rs. 1,400.;