JUDGMENT

Tudball and Sulaiman, JJ. - This is a plaintiff's appeal arising out) of a suit for pre-emption. The plaintiff alleged that the amount of Rs. 1,300 entered in the sale-deed was fictitious. On behalf of the defendants the custom of pre-emption was denied and it was further pleaded that an offer had been made to the plaintiff and he had refused to purchase, and that the true consideration had been entered in the sale-deed. So far as the amount of consideration was concerned the parties agreed in the court of first instance that it should be fixed at Rs. 1,150. After this the guardian ad litem of the defendant, minor, made a statement that if the plaintiff, holding Ganges water in his hands, took an oath that he had not refused to take this property before the sale-deed, then his suit should be decreed. This was duly recorded by the court. The plaintiff agreed to take the oath which was administered to him. The plaintiff swore that no offer had ever been made to him and that he had not refused to purchase it.

2. On behalf of the defendant no evidence was produced to prove that any offer had been made to him at all, nor was any further rebutting evidence to disprove the existenc