JUDGMENT

AHMADI, J.:— In Suit No. 108 of 1967 the learned Sub-Judge, 1st Class, Mahendergarh, granted a pre-emption decree in respect of a parcel of agricultural land in favour of one Shanti Devi and against the appellant herein. Under the decree she was required to deposit four-fifth of the sale price by November 18,1968. The respondent Matadin claimed that he had acquired the rights of Shanti Devi in the decree under a deed of assignment dated October 13, 1980. On the strength of the said assignment deed he put the decree to execution by getting himself substituted as decree-holder on October 15, 1980. He claimed actual possession of the land from the appellant. The appellant contested the execution proceedings on the ground that a pre-emption decree was not transferable and hence no right passed to the respondent under the deed of assignment. It was further contended that under the decree Shanti Devi was required to deposit four-fifth of the consideration money by November 18, 1968 and since she had failed to make the deposit, the suit stood dismissed and Shanti Devi had no subsisting right in the decree which she could pass under the deed of assignment. On the pleadings the exe