Sir Shadi Lal:-

This consolidated appeal arises out of two suits for pre-emption in respect of the sales of two agricultural holdings situate in Mahal Zard of the Village Babaina in the Agra Province of India. The trial Judge dismissed both the suits, but the High Court on appeal granted decrees for pre-emption, on payment of certain sums of money which are no longer in dispute. The vendees have each preferred an appeal to His Majesty in Council, and their appeals, involving as they do, the same points for determination, have been consolidated into one appeal. During the pendency of the appeal the successful pre-emptor sold, on 27th May 1932, the lands, in respect of which he had obtained decrees, to one Shyam Lal who, as alleged by the vendees in the trial Court, had instigated the plaintiff to bring the suits and financed the litigation, in order to get the property ultimately from him. After making the transfer to Shyam Lal, the pre-emptor entered into a compromise with the vendees, by which he abandoned his alleged right of pre-emption, and agreed to the restoration of the decrees of the Court of first instance, which had dismissed his suits. This compromise cannot however affec