JUDGMENT

1. This appeal arises out of a suit for pre-emption. The Wajib-ul-arz translate at page 11 of the paper book is as follows:

If any co-sharar should wish to sell or mortgage his property, then first he shall transfer it to a co-sharer in the patti and after that to other pattidars of the mahal and after that to the owners of the other mahals and in case of their refusal, he is at liberty to transfer it to an outsider at the same price as a stranger would be willing to give.

2. The only exception taken on this translation is by the respondents who say the proper translation of the concluding word3 is "the same price as a stranger gives". Perhaps the most literal translation would be the same price which a stranger may give. The respondents rely of the case of Khatun Bibi v. Sayida Bibi 27 A. 457 : C.W.N. (1905) 45 : 2 A.L.J. 689 and also on the case of Narain Saran Singh v. Sidh Narain Singh 5 A.L.J. 655 : C.W.N. (1908) 251. In both cases it was decided that the right of pre-emption only arose in the case of sale to a stranger. In the first mentioned case the learned Judge says at page 458: "The Clause in the wajib-ul-arz relating to pre-emption begins with the recital that for