JUDGMENT

Mahmood, J. - The contention urged before us on the defendant's behalf raises three main points for determination:

1. Whether the defendant was entitled to claim interest on the mortgage-money for the period between 30th August 1882, the date of the mortgage, and the 23rd August 1883, when he enforced his pre-emptive decree by depositing Rs. 699, the principal consideration-money of the conditional pale in respect of which he enforced his pre-emption.

2. Whether the defendant was entitled to claim any interest after the 21st August 1884, when the deposit by the plaintiff, u/s 83 of the Transfer of Property Act, amounted to Rs. 743.

3. Whether, under the circumstances of this case, the defendant was entitled to costs.

4. I will dispose of each of these points in the order in which I have mentioned them. The first of these questions depends upon the determination of a very important point of the law of pre-emption. That a successful pre-emptor stands in the shoes of the original vendee in respect of all the rights and obligations arising from the sale under which he has derived his title, is a question which stands upon an undoubted basis, for the right of pre-emption is nothing