JUDGMENT

Piggott, J. - This is an appeal against an order of remand. It is preferred by the defendants-vendees in a preemption suit. We are concerned in this litigation only with the transfer of the vendors' proprietary rights in a village called Nawawan. The sale-deed way dated the 9th of July 1919 and according to its terms the vendors purported to convey to the vendees a share of 4 annas and odd in the proprietary rights of the said village, of which share he vendors described themselves as full proprietors. Now, it was an admitted fact in both the Courts below that this was a mis-description. The vendors did possess rights over the entire share purporting to be conveyed by the deed of sale; but as a matter of fact they were the proprietors of only a small fractional share and usufructuary mortgagees in respect of the remainder. The plaintiff pre-emptor was in this difficulty--she had admittedly no right to preempt the transfer of mortgagee rights by one usufructuary mortgagee to another. She felt herself compelled to limit her claim to that fraction of the share specified for the deed of sale of which the vendors were full proprietors. The extent of this fraction was specified i