JUDGMENT

1. This is a somewhat peculiar case. The suit was a suit for preemption and was brought by two persons, Sheikh Amir Haider and Ahmad Raza. Sheikh Amir Haider was the uncle of Ahmad Raza, who, in the plaint was described as being a minor 7 years old.

2. The person who sold the property was a lady named Musammat Nawis-un-nissa, who was the step-sister of Sheikh Amir Haidar, the first plaintiff.

3. The purchasers ware the defendants Nos. 1 and 2.

4. The Court of first instance decreed preemption on payment of a sum of Rs. 650. The lower Court has dismissed the suit entirely.

5. The reason why the lower Court has dismissed the suit is this. In the Trial Court it was asserted by the purchasers that the negotiations for sale had taken place through the first plaintiff, Sheikh Amir Haidar, who had consented to the sale both on his own benalf and on behalf of his minor nephew, Ahmad Raza.

6. The Subordinate Judge who tried the suit did not believe this evidence and held that consent was not proved and consequently he gave a decree for pre-emption. The lower Appellate Court, however, does find that the first plaintiff Sheikh Amir Haidar did consent to the sale and consequently he had no