JUDGMENT : Knox, J. The suit out of which this second appeal arises, was brought by the plaintiffs, who are appellants here, claiming right of pre-emption over certain land. The land in question had been acquired by Government for Railway purposes, and it was acquired under provisions of Act No. I of 1894. Subsequently it was found that the land was no longer required for public purposes and according to the case for the defendants the Government offered the land to the former proprietors, the present plaintiffs, who refused to purchase it. The finding on this part of the case by the Court of first instance was in favour of the defendants, but the lower appellate Court did not try this question, holding that under the circumstances the plaintiffs had no right of proportion under the wajib-ul-arz. Against this decision the plaintiffs come here in second appeal. 2. In our opinion when the Government has acquired laud permanently, it does not become a co-sharer in the village to which the land originally appertained and the provisions contained in the wajib-ul-arz, which deal with sales by co-sharers in the village are not applicable. The learned Vakil for the appellants referred us to two cases, The Collector of Fatehpore v. Syed Yad Ali, [1866] N.W.P. H.C.R., p. 88 and Sheodut Ram Tewari v. Ramadharee, [1869] N.W. P.H. C.R., Part II. 3, in which it was held that where Government had confiscated land in a village and sold such land, a right of pre-emption arose and could be enforced, In our opinion those cases are no authority in the present case. The appeal is dismissed with costs.