The Judgment of their Lordships was delivered by-

Honble Chowdhary Niamat Ullah. - A preliminary objection has been taken to this appeal being heard on the ground that it is incompetent and that leave should not have been granted by the High Court. The appeal has arisen out of a suit for pre-emption. The appellant is the vendee who was alleged to have purchased two properties ; one under a sale which is not evidenced by any registered instrument and the other under an ostensible transaction of exchange but alleged by the pre-emptor (respondent) to be in fact a sale. The latter instituted a suit for pre-emption under the Right of Prior Purchase Act. The suit was dismissed by the trial Court on the merits and the pre-empt or appealed to the High Court which dismissed the appeal not on the merits but on a question of law taken by* the Court suo motu. The High Court pointed out that under section 138 (i) Transfer of Property Act, no transfer of immovable property is valid if it is not evidenced by a registered instrument in writing and that under sub-section (2) of the same section " No Court shall entertain a suit for pre-emption in respect of transfer of any such immovable property un

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