ABDUL HAFIZ PAHALWAN Vs. BIJAI DHARI

JUDGEMENT

(1.) Mukat Bebari Lal, defendant 3, and Dr. Bijai Dhari, plaintiff, are brothers. Mukat Behari Lal sold one-fourth share in khewat No. 58, Koil, Aligarh, to Abdul Rauf, defendant 2, who subsequently sold it to Abdul Hafiz, defendant 1. Dr. Bijai Dhari instituted the suit to pre-empt the sales on the ground that there prevailed a custom of preemption in Koil, Aligarh.

(2.) Abdul Hafiz contested the suit on various grounds including one to the effect that the land in suit was situate in mohalla Guriabagh and that no custom of pre-emption prevailed in that mohalla.

(3.) The pleadings of the parties were not clarified by the learned Munsif. He framed an issue to the effect whether there was any custom of pre-emption in mohalla Guriabagh. The contention of the parties before him really amounted to the question whether the locality known as mohalla Guriabagh was a part of mohalla Katra or was an independent mohalla. It does not appear to have been seriously disputed that there was a custom of pre-emption in mohalla Katra. The learned Munsif found on the evidence that Guriabagh was not a separate mohalla but was part of mohalla katra. He also found that the custom of preemption prevailed in mohalla Katra. He, how ever, dismissed the suit as he held it to be time barred.