Lord Buckmaster:-

The appellants in this case are occupancy tenants of the village of Rahanwala in the district of Hissar, and as such they claim to possess and to be entitled to exercise a right of pre-emption in respect of the said village. It is undisputed that they originally enjoyed this right; the question is whether, in the circumstances that have transpired, they enjoy it still.

The first respondent (Mrs. Jane Skinner) was the proprietor of the said village and she having decided to sell her proprietary interest, placed the matter in the hands of her agent, Bhagwan Das, who notified the occupancy tenants of the proposed sale.

It appears from the evidence that the tenants had not the necessary funds for the purchase, and that certain of them known as Idris and Naushera, acting, as is alleged, on behalf of the whole village, introduced the other respondents to the said agent as prospective purchasers, at the same time informing him that an arrangement had been come to whereby these respondents should pay the money and acquire the property, which should then be held as three-quarters for them and one-quarter for the appellants. The sale deed was accordingly written out in the pr