K.SUBBA RAO, J.

(1) THIS appeal by Special Leave against the judgment and decree of the High court of Patiala and East Punjab States Union raises an interesting question pertaining to the Law of Preemption.

(2) THE material facts are not in dispute and may be briefly stated: The dispute relates to a land measuring 179 kanals and 2 marlas, situate in village Wanderjatana. On 26/08/1949, defendants 3 to 7 sold the said land to defendants 1 and 2 for a consideration of Rs. 37,611.00. On 26/08/1950, defendants 8 to 11 instituted a suit, Suit No. 231 of 1950 (Exhibit P. 26/1) in the court of the Subordinate Judge, 11 Class, of the court of the Subordinate Judge, they filed the compromise deed in the court of the District Judge and on the basis of the said compromise, the District Judge made a decree ted 23/01/1951. It was provided in the decree that in case defendants 8 to I I failed to pay the balance to the vendees on 27/04/1951, the suit should stand dismissed and that if the said balance was paid on that date, the vendees should deliver possession of the land in dispute to them. Defendants 8 to 11 deposited the balance of Rs. 35,911.00 on April 23, 1.951, and got posse