JUDGMENT

Walsh, Ag. C.J.

1. We are of opinion that this is a clear case, and we agree with the judgment of our brother Mr. Justice Lindsay.

2. I propose to give my reasons as shortly as possible. The question arises out of a contract, which may be compendiously stated as one for exchange by the parties thereto of certain properties belonging respectively to each of them. It relates to a certain mauza, in respect of which Muhammad Razi transferred the whole of his interest, except one pie, and the parties entered into a mutual agreement as a fundamental condition of sale, that if either of them should wish to transfer the whole, or part, of his share in that mauza, that is to say as regards the transferee Nasir Uddin, what he was taking under the document, and as regards the transferrer Muhammad Razi, the single pie share which he was reserving to himself they might do so by transferring it from one to the other but if either of them desired, or in fact attempted to transfer to a third person, the other party was to have the right to pre-empt. That is a perfectly harmless and natural mutual arrangement, very common in India, quite intelligible, the object being that so long as the part