( 1 ) THIS is an application for a certificate under Clauses (b) and (c) of Article 133 (1) of the Constitution against a judgment of a Division Bench of this Court dated November 18, 1959 (reported in MANU/wb/0030/1961) affirming the judgment and decree of the Subordinate Judge, 5th Court, Ali-pore. The petitioner before us is defendant No. 2. The suit out of which this application arises was one for a declaration that the plaintiffs respondents, who may be collectively called the Hazras, were entitled to pre-emption and that defendant No. 2 was bound to convey the disputed property to the plaintiffs on payment of actual consideration and for a decree for pre-emption against the defendant calling upon him to execute a conveyance in favour of the plaintiffs on payment of consideration. The suit was decreed by the Court of first instance and an appeal to this Court against that decree has failed. The defendant No. 2 now intends to take a further appeal to the Supreme Court against the judgment of the Division Bench of this Court. The facts which are material for the purpose of the present application are these. The property in dispute which consists of 4 cottas, 11 ch