BABBAN PANDAY Vs. LACHHMAN CHAUDHRI

JUDGEMENT

(1.) We cannot maintain the judgments of the Courts below in this case. We think that the plaintiff was entitled to succeed and that it was established that a custom of pre-emption exists.

(2.) The plaintiff brought into Court extracts from the wajib-ul-arzes of 1833, 1860 and 1885 and he also claimed to have in support of his case a decree in which the right of pre-emption had been recognized.

(3.) Clearly, it lay heavily on the defendants to rebut this evidence led on behalf of the plaintiff.