JUDGMENT

L.S. Jackson, J. - It appears to us that the decision of the Judge, in this case, cannot be maintained. The plaintiff sued to enforce her right of pre-emption. Her allegation was that hearing that the property in dispute had been sold, on the 13th of November 1866, by Abdool Gafoor, Nischint Ram, Brindaban, Dulung Dasi, and Subarna Dasi, the defendants, she, on the next day, immediately on receiving the news, complied with the requirements of the Mohammedan Law, and asserted her right; and, therefore, sues to enforce that right.

2. It appears that the property had been sold as belonging to several co-sharers, certain of whom were minors, the other vendors claiming to act on their behalf; and the deed of sale contained a stipulation that if the minors, on coming of age, should refuse to ratify the sale, the other vendors would compensate the purchasers for any loss that they might suffer.

3. The first Court dismissed the plaintiff's suit, holding that she was not entitled to enforce the right she claimed. On appeal, the Judge was of opinion that the claim to the property could not be enforced as regarded the shares of the minor vendors, and he allowed the case to stand over fo