CHET RAM Vs. HARDWARI

JUDGEMENT

(1.) IN this plaintiff's second appeal against the appellate decree of the District Judge the sole point for decision is whether the plaintiff has a right to succeed to the property in dispute and therefore has a right of preemption under section 15 (b) (thirdly) of the Punjab Pre-emption Act.

(2.) THE trial Court held that the plaintiff was a collateral in the fifth degree. After going through the evidence the learned District Judge was not satisfied with this finding and held that the relationship had not been clearly established. It is true that this finding is not as clear as it might have been and therefore the learned Judge went into the question of law also.

(3.) THE property in dispute is a house owned by a non-proprietor. It was sold to defendant No. 1 for a sum of Rs. 800/- on the 5th of January, 1946. The learned District Judge has held that to properties such as the one in dispute, a distant collateral has no right of succession under custom. Counsel for the appellant challenges this and he submits that the rule which has been laid down in Raltigan's Digest of Customary Law, Paragraph 238a, and the other rulings which have been cited apply to cases where the dispute is between a proprietor and non-proprietor and that where the dispute is between non-proprietors 'inter se' the ordinary rule of succession under Personal law or custom will apply. Article 238-A in Rattigan's Digest of Customary Law is as follows: