BECHAI Vs. BADRI NARAIN AND ANRAND; CHEKHURI

JUDGEMENT

(1.) Both these appeals have arisen out of suits brought by the plaintiffs- respondents for the recovery of what is described as zar chaharum. In each case the claim was based upon the sale of a house situated in a patti sailed Deo Narain Singh, of whish the plaintiffs are admittedly Zemindars, It is not disputed that in this patti of Deo Narain Singh are included a number of houses which fall within the Municipal boundary of the City of Benares and in that particular portion of the City which is known as Mohalla Jaitpura.

(2.) The plaintiffs based their case upon a custom which was recorded in the wajib-ul-arz prepared in the year 1866 The defendants on the other hand denied that they were liable to be sued for these sums. They denied that there was any custom of the kind alleged by the plaintiffs and they further relied upon a later statement of custom, which it was said was prepared at the time of the last Settlement of Benares. This later statement of custom has been described in the evidence and in judgments as the halat dehi.

(3.) Both the Courts below found in favour of the plaintiffs. The Court of first instance based its judgment upon what was recorded in the wajib-ul-arz of 1806 and also upon certain other evidence, showing that there had been cases brought to the notice of the Courts in which the existence of this custom had been recognised and enforced. Those instances for the most part relate to the years prior to the year 1883, but there are instances also which relate to years subsequent to that date.