JUDGMENT

Gokul Prasad and Sulaiman, JJ. - This appeal arises out of an execution matter. It appears that the plaintiff appellant brought a suit for pre-emption against the defendants. That suit was decreed on the 29th day of February, 1916, by the court of first instance and the decree provided that on payment of Rs. 1,200 within two months the plaintiff would be entitled to get possession of the property. The vendee appealed to the District Judge and the plaintiff appellant filed cross-objections. The learned District Judge on the 12th day of August, 1916, allowed the vendee's appeal in part and increased the amount awarded to him by a sum of Rs. 380-15-0 and directed that in case the Rs. 1,200 awarded by the first court had not already been deposited the time for payment of the whole or the balance be extended by five months from the date of his decree. There was a second appeal to this Court which was dismissed.

2. The plaintiff on the 29th day of April, 1916, deposited Rs. 1,200 in court and on the 30th day of May, 1916, obtained possession of the property. He, however, did not deposit the balance of Rs. 380-15-0 within five months allowed by the court of first appeal. On the 17t