GOKAL Vs. ZARIF HUSAIN

JUDGEMENT

(1.) This is a vendees' appeal arising out of a pre-emption suit. The trial Court dismissed it. The lower appellate Court decreed it.

(2.) The only point for consideration is whether the property is pre-emptible. The property sold was described in the sale deed as follows:

(3.) The Agra Pre-emption Act does not apply to this case because by Sub-section (8) of Section 1 of the said Act the areas included within the limits of the Municipality have been excluded from its purview. The suit was based on custom. In the wajib-ul-arz the provision about custom is as follows: