Soni, J. - (1.) THE pltfs. brought a suit for possession by pre -emption of a residential site situate in Subzi Mandi on the main Subzi Mandi Road, Delhi, which had been sold by deft. 2 to deft. 1 by ft deed executed on 18.1.1944, which was registered on 17 -2 -1944. The suit was brought on 17 -1 -1945. It appears that the property had been further sold by deft. 1 to defts. 3 to 17 & they were also impleaded as defts. There was a preliminary issue framed in the suit as to whether the suit was barred by time against any of the defts. This was decided in favour of the pltfs. on 4 -12 -1945. Thereafter four further issues were framed: 1. Whether the custom of pre -emption prevails in the locality in which the properly in suit is situated ?
(2.) IF so, whether the pltf. has a superior right of preemption to that of deft. 1 & also to that of defts. 3 to 17? What improvements, if any, has deft. 1 effected & what further improvements, if any, have defts. 5 to 8 effected & at what costs & whether they are entitled to the compensation for the same ?
(3.) WHAT expenses of conveyance etc., have the contesting defts. incurred & whether they are entitled to be reimbursed for the same ?;