JUDGMENT : KNOX, J.:— This appeal must succeed. On the 22nd January, 1904, the appellant, Gorakh Singh, obtained a decree for preemption of a certain property in the usual form, that is, conditional on his paying a sum of Us. 1,500 within one month, but if the money was not paid, the suit was to stand dismissed with costs. Five days afterwards, viz., on 26th January, 1904, and before Gorakh Singh had acquired the property, the respondents applied to attach the property, which had formed the subject of the pre-emption suit, as being the property, of the present appellant, and, on the 27th of the same month, the Court passed an order for attachment. The property which Sidh Gopal sought to attach was not, on the 27th January, 1904, the property of Gorakh Singh. On the date on which the order of attachment was passed he had nothing but a contingent interest in it, which, under the provisions of section 266, clause (k) of the Code of Civil Procedure, was not liable to attachment. 2. The fact that he afterwards acquired the property would not, in our opinion validate the order of attachment. We allow the appeal, set aside the order of both the Courts below and dismiss so much of the application of the respondents as refers to the attachment and sale of the property mentioned above. The appellant will get his costs in all Courts.