Prakash Narain, J. - (1.)This second appeal is directed against the judgment and decree of the Senior Subordinate Judge. Kangra at Dharamsala. whereby the appellants' appeal against the dismissal of their suit tor possession based on a right of pre-emption was dismissed by the learned Senior Subordinate Judge although he accepted their appeal in respect of special costs that were originally awarded against the plaintiffs,
(2.)The facts of the case briefly stated are that 8 Kanals and 11 Marias of land situate in village Bankhar, Tehsil Hamirpur were sold by Gainda and Shiv Rain to the respondents herein on 26-5-1959 for Rs. 3,000.00. The appellants contended that they being co-sharers of the land had a preferential right to purchase the land and so claim it by pre-emption. It was further contended that appellant no. 1. Chiraga. was a tenant of the land in dispute under appelant no. 2. Captain Rajinder Singh, who was the mortgagee of the entire Khata having obtained the mortgagee rights from the predesessor-in-interest of the vendors and so had a preferential right of pre-emption being a tenant under the vendors. The respondents had contested the suit and had denied that the plaintiffs had any right of pre-emption under the law of pre-emption as in force in the Kangra District.
(3.)The learned Subordinate Judge framed the following issues arising out of the pleadings of the parties:~--
1. Whether the plaintiffs have a superior right pre-emption ? O.P.P. 2. Whether the plaintiffs have locus standi ? O.P.P. 3. Whether the suit is barred by limitation? O.P.D. 4. Whether the price was fixed in good faith or paid ? O.P.D. 5. What was the market price at the time of sale ? O.P.P. 6. Whether the plaintiffs have waived their right ? 7. Relief.