JUDGMENT

1. The faces are fully set forth in our judgment, dated the 3rd of August 1921. On the 9th of June 1917 Mrs. Kinloch executed a sale-deed, in favour, of the defendant-vendee, of considerable property including share in two villages, Kachhpura Bibamau and Mahal Girwar Singh of Mouza Salehdi. In both these villages the plaintiff was a co-sharer at the time o the sale. On the 30th of January 1918 under a prviate sale-deed, the plaintiff transferred all his interest in Mahal Girwar Singh of village Salehdi in favour of a third party. A few months after this, the present suit for premption was instituted in which the plaintiff omitted to pre-empt the share in Mauza Salehdi. On behalf of the defendent it was pleaded inter alia that there was a custom of preemption existing in village Salehdi under which the plaintiff was entitled to pre-empt the share transferred therein, and that, inasmuch as the. transaction of the 30th of January 1918 was in reality a mortgage by conditional sale, the plaintiff had still a subsisting proprietary right in it and had a right to pre-empt. By his not having claimed pre-emption in respect of part of the property transferred, his whole claim was bar