JIWAN RAM Vs. TONDI SINGH

JUDGEMENT

(1.) I would dismiss this appeal. It arises out of a suit for pre-emption based upon custom as contained in the wajib-ul-arz. The wajib-ul-arz under which the right is claimed is a wajib-ul-arz prepared under and in accordance with the provisions of Regulation VII of 1822. According to the Regulation that wajib-ul-arz is primd facie evidence of the custom recorded in it unless and until it has been formally altered. It shall be shown by the result of a full investigation in a regular suit that the proceeding or record of the Collector was erroneous or incomplete. No evidence has been given by the defendant. I have therefore, to see what is the true construction to be placed upon its language. The terms of it will be found fully set out at page 282, I.L.R., volume 32. As I read them they record a custom whereby a person holding a share in the deh of Dharera has a right of pre-emption over and above a stranger. This is what I understand the villagers of Dharera intended and what they-understood and what the Settlement Officer found to be the custom. The stranger was to be kept out so long as any one who held any part or lot in the deh was prepared to pre-empt.

(2.) I would therefore dismiss the appeal with costs. Kabamat Husain, J.

(3.) Certain property in the village Dharera was sold and a suit for pre-emption on the basis of the wajib-ul-arz of 1272 Fasli brought. The terms of the wajib-ul-arz are: Agar kisi hissadar ko haqiyat apni bai wa rehan aur murtahin ko rehan dar rehan karna ho to bawaqt intiqal ke lazim hoga ki pahle apna hissadar karib ko aur darsurat inkar uske dusre hissadar deh ko khabar dekar baqimat wajib bai wa rehan kare.