TEG SINGH Vs. GOVIND BALLABH AND ANR.

JUDGEMENT

(1.) THE question which arises in this case is as to what are the rights under the custom of preemption prevailing in Kumaun.

(2.) IT appears that the Plaintiff was a nonresident cosharer but was related within three degrees to the vendor. The vendee was a resident cosharer but not related at all. The question was whether in the circumstances, the Plaintiff could preempt the vendee. The existence of a custom of preemption was not disputed in the two courts below, but the only dispute was as to what were the rights under this custom, so far as Kumaun was concerned.

(3.) THE only question which we have got to determine in this case is whether in Kumaun the fact of being related within three degrees would confer a preferential right even though the person claiming a right is a non -resident cosharer.