A.S.BAINS, J.

1. The facts from which this reference to Full Bench has arisen are as follows :-

Than Singh, plaintiff (since deceased) brought a suit for possession by pre-emption of the land which was given in exchange by Smt. Saraswati to Nandu, claiming himself to be the brother of the deceased husband of Smt. Saraswati, alleging that the transaction was virtually a sale in the guise of an exchange and that it was done to defeat his pre-emptive right, because on the same day Smt. Saraswati executed a sale-deed, Exhibit D-2, in favour of Gordhan, brother of Nandu, in respect of the land she got in exchange from Nandu and the sale money mentioned in the sale deed was Rs. 2,000.00. Nandu defendant contested the suit and controverting the allegations in the plaint, pleaded that the transaction in question was in fact an exchange and not sale and that the plaintiff had no right of pre-emption. The parties contested on the following issues:-

1. Whether the plaintiff has superior right of pre-emption?

2. Whether the transaction is a sale or an exchange and, if an exchange, to what effect?

3. Relief.

Issue No. 1 was decided by the trial Court in favour of the plaintiff and it wa