1. This is an application for leave to appeal to the Supreme Court against our decision in Second. Appeal No. 720 of 1945.

2. The appeal arose out of a suit for preemption of one field of the area of 17 acres 16 gunthas. The Applicant pleaded that the value of the field was Rs. 8,500, while the non-Applicant asserted that the value was no more than Rs. 3,000. Both the Courts found the value at Rs. 3,306. That value was not disturbed by this Court. On those findings the value of the subject-matter of the suit in the Court of first instance was toe-low Rs. 10,000.

3. The learned Counsel for the Applicant, however, contends that the price paid for the field was as for agricultural land and that the value of the land has since increased and is further likely to increase because of the permission obtained to divert the land to non-agricultural uses. The Applicant's allegation was that on 22-1-1944, i.e. after the institution of the suit he had paid Rs. 9,222 for converting the land to non-agricultural uses (vide Exhibit l-D-8). We dealt with this point in paragraph 23 of our decision. Any increase in the value of the subject-matter of the suit subsequent to its institution cannot