JUDGMENT : Knox, J. (After stating the facts as above, his Lordship continued:—) The question we have to decide is whether under the terms of the wajib-ul-arz the suit can be maintained. We have carefully considered the terms of that document, and we have no reason to dissent from the view taken by the Courts below. In our judgment the terms are wide enough to cover the case of a transfer effected in the manner described above. No doubt the plaintiff could, under the wajib-ul-aiz, at the time when the deed of conditional sale was first executed, have claimed to take over the bargain, but, as was held in Alu Prasad v. Sukhan, [1871] I.L.R., 3 All., 610, a cause of action arises both at the time when the deed is executed and, also when the mortgage has been foreclosed. 2. The terms of the wajib-ul-arz fix the price which the pre-emptor has to pay at a rate very favorable to the pre-emptor. It was held in Karim Bakhsh Khan v. Phula Bibi, [1886] I.L.R., 8 All., 102 that prices so fixed run with the land and are enforceable even against bona fide purchasers. This may appear hard on the appellant, but as the learned Judge remarks, he ought to have considered the terms of the wajib-ul-arz when he entered into the transaction. The appeal is dismissed with costs.