(1.) This is a defendants appeal arising out of a suit for pre-emption by three persons in respect of a sale-deed dated 21 October 1942, executed by Bakhtawar, defendant 3, in respect of a certain zamindari share in khewat No. l of village Goila, district Muzaffarnagar in favour of Balwant and Ganga Ram, defendants l and 2 respectively, who are the appellants in this case.
(2.) Prior to the above sale deed, the vendor Bakhtawar had sold to the three plaintiffs on 18 October 1938, plot No. 1349 measuring 1 bigha and 14 biswas out of a larger area. Again, on 18 February 1939 Bakhtawar had by a deed of exchange transferred to Jagram, one of the plaintiffs, a cerain undivided share in khewat No. 1.
(3.) As regards this last transfer, the trial Court held that Jagram plaintiff was the absolute owner of the property covered thereby and that the other plaintiffs had not acquired any interest therein. The lower appellate Court left this question untouched.