RAM DASS Vs. HARI SINGH AND ORS.

JUDGEMENT

(1.) THE sole point for determination in the present case is whether the custom of pre -emption can be said to prevail in Mohalla Sanicbaran of the small town of Rae Kot of the Ludhiana district.

(2.) ON 12 -2 -1944, one Ram Dass brought a suit for possession by pre -emption of a plot of land situate in Mohalla Sanicharan which had been sold by Subedar Hari Singh and certain other persons to another Ram Dass for a sum of Rs. 900. The trial Court dismissed the suit on the ground that the custom of pre -emption did not prevail in the Mohalla in which the property was situate and this decision was affirmed by the learned District Judge in appeal. The Plaintiff is dissatisfied with the order and has come to this Court in second appeal.

(3.) THE Plaintiff in the present case relies on three judicial precedents in support of his contention that the custom of pre -emption prevails in this particular Mohalla. The first precedent is a judgment dated 23 -7 -1889, in which a Munsif of the Second Class held that the custom of pre emption prevails in Mohalla Budhwaran. It is true that Gainda Mal, father of the vendee, is reported to have stated in another legal proceeding that Mohalla Sanicharan is known also as Mohalla Budhwaran, but so far as I can Judge this admission cannot be regarded as binding on the vendee in the present case. The second judicial precedent on which considerable amount of emphasis has been laid is a judgment dated 30 -1 -1918, in which a Subordinate Judge held that the custom of pre -emption prevails in Mohalla Sanicharan. This case was decided on the basis of a compromise. The third judicial precedent is furnished by the judgment of Tikka Jagjit Singh Bedi, District Judge of Ludhiana dated 1 -3 -1947, in which the learned District Judge came ,to the conclusion that the custom of pre -emption prevails in Mohalla Gondwallian. It will be seen from the above that only one of these precedents relates to Mohalla Sanicharan and the decision in this case was recorded on the basis of a compromise.