RUP SINGH Vs. BHULLAN SINGH

JUDGEMENT

(1.) The only question for determination in this appeal is whether or not the Court below was, right in holding that the plaintiff-appellants had no right of pre- emption.

(2.) It appears that the property, which forms the subject-matter of the suit, is situated in a certain village in which, undoubtedly the plaintiffs are co-sharers. It is apparent, however, that, sometime ago, a perfect partition was carried out in this village, the result of which was the erection of a number of mahals, and it is an admitted fact that, under the present constitution of the village, the property in dispute lies in a mahal in which the plaintiffs have no rights according to what was decided when the partition took place.

(3.) The plaintiffs in the Court below relied upon the wajib-ul-arz which was prepared for the period from 1278 to 1307 Fasli. In this wajib-ul-arz it was, no doubt, provided that, in the last resort, persons, who were co-sharers in the village, were to have a right of pre-emption.