(1.) The material facts are set ont in the order of my learned colleague.
(2.) On the evidence furnished by the "zamima khewat" which was drawn up in the year 1886, it has already been decided that there was a contract entered into in that year providing for a right of pre-emption. The period of the contract was the period of the settlement and that, as my learned brother has pointed out, was to come to an end on the 30 of June, 1919. It was, therefore, a contract for a definite period, and admittedly the sale now sought to be pre-empted was made on the 10 of May, 1919, that is, within the period of the contract.
(3.) It is this sale which according to the plaintiff gives him his cause of action, and the question is whether he is entitled to enforce his right of pre-emption, arising out of the contract, against the vendor and the purchaser.