DRIG BIJAI SINGH Vs. DEPUTY COMMISSIONER OF GONDA

JUDGEMENT

(1.) This matter comes before the Court upon a reference under Section 9 of the Oudh Courts Act (XIV of 1891) as amended by Act No. XVI of 1897.

(2.) The suit was brought to enforce a right of pre-emption, the plaintiff claiming such right as being a person entitled to preempt under the provisions of the Oudh Laws Act, 1876 (Act No. XVIII of 1876).

(3.) The property to which the suit relates is a mahal called Patti Sabal Shah, and was sold by the Deputy Commissioner of Gonda, as manager on behalf of the Court of "Wards, to the respondent, Rup Ram. The plaintiff holds an under- proprietary interest in a portion of the land in the mahal, and by virtue of such interest claimed a right of pre-emption under the provisions of the Act to which I have referred. The learned Judicial and Additional Judicial Commissioners differed in their views upon this question, and in consequence have referred to us the following question, viz.--"Whether the appellant (Drig Bijai Singh) in this case is a member of the village community, and as such has a right of pre-emption under Clause 3, Section 9 of Act No. XVIII of 1876. The Judicial Commissioner was of opinion that the appellant had a right of pre-emption, while the Additional Judicial Commissioner expressed a contrary view.