JUDGMENT

1. The question for consideration in this 6ase is whether a right of pre-emption can be claimed in respect of an exchange. BY an agreement, dated the 21st October 1919 some land situated in the village Ramnagar Gansiari was given by Ahmad Zaman Khan in exchange for other land situated in the village Balika Jalalpur given by Samar Bahadur Singh and Jaduraj Singh. The object of the latter in taking the former property in exchange was to construed a road running from their village through the former village The plaintiffs claim to be co-sharers of the village Ramnagar Gansiari and seak to pre-empt the land given by Ahmad Zaman Khan for the construction of the road. The wajib-ul-ars of that village provides that any co-sharer wishing to sell or mortgage the whole or part of his property shall, on the receipt of the price offered by a stranger, transfer it first to co-sharers who are descended with him from a common stock and are closely related, then to the other co-sharers of the village, and, on their refusal, to a stranger.

2. The Courts below, relying on the decisions in Niamat Bibi v. Asmab Bibi 7 A. 626 : A.W.N. (1885) 183 : 4 Ind. Dec. (N.S.) 740. and Bhagwan Singh v. Khe