, J.

1. This appeal under Clause X of the Letters Patent is directed against the decision of the learned Single Judge of this Court reversing in appeal the decision of the Courts below and dismissing the execution application.

2. In order to appreciate the controversy it is necessary to state the relevant facts. A suit for pre-emption was filed on 4th April, 1963, for possession of 240 kanals 14 marlas of land by Mst. Partap Kaur and Gurbux Singh. This suit was decreed by the Subordinate Judge on 26th March, 1965. The plaintiffs were directed to deposit Rupees 12,000/- in court by 26th May, 1965, after deducting 1/5th of the pre-emption money already deposited by them. Failure to deposit the amount would have resulted in dismissal of the suit. This decree was appealed against by the vendee and the appeal was partially allowed by the learned District Judge, Ferozepore on 20th November, 1965. The result was that the decree in favour of Gurbux Singh was maintained to the extent of 1/3rd on payment of Rs. 4,000/- on or before 20th December, 1965, failing which his claim was to be dismissed with costs and the suit of the pre-emptors regarding 2/3rd of the land was dismissed. It