Shamsher Bahadur, J.

1. This appeal raises a novel and interesting point in the law of pre-emption a question which has to be decided on first principles as there does not seem to be any direct authority on the point.

2. The property In dispute consists of agricultural land measuring 11 Bighas and 5 Biswas situated in village Jhurar of Muktsar Tehsil This parcel of land was sold by Mehar Singh to Mal Singh, the first appellant, and his brother Pala Singh, who is dead and is now represented by appellants Nos. 2 to 7, by a registered sale deed of 22nd of June, 1957, for Rs. 10,000/-. Two pre-emption suits were filed in respect of this sale, one by Mohinder Singh, respondent in this appeal, and the other by Punjab Singh. There was a compromise between the vendees and Mohinder Singh, who, according to them, was a mere figurehead and was put up by them as a pre-emptor to retain the land in their hands. and to keep out Punjab Singh from it. In the suit of Mohinder Singh, which was compromised on 8th of October, 1959, a decree was passed in his favour. Strangely enough, and this supports to some extent the contention of the vendees, Mohinder Singh never cared to take possession of