NANDAN SINGH Vs. GUPTAR SINGH

JUDGEMENT

(1.) The sole question for determination in this appeal is whether the lower Appellate Court was right in holding that the custom of pre-emption alleged by the plaintiff was established.

(2.) The two pieces of evidence which were relied upon for the purpose of establishing custom were the wajib-ul-arz of 1860 and the zamima khewat of 1885. The case is from the Gorakhpur District. We may also notice that the kafiat serishta nizamat was also in evidence for the purpose of showing the history of the village.

(3.) It is important to notice in connection with the zamima khewat of 1885 that the document is of peculiar weight having regard to the circumstances in which this record was framed at the time of the Settlement of Gorakhpur in or about the year 1885. We have it stated at page 210 of Mr. Agarwala's Commentary on the Land Revenue Act, 5 Edition, (page 210), that in the mon August, 1886 certain directions were issued to the Settlement Officer of Gorakhpur with regard to the preparation of the record which had hitherto been known as the wajib-ul- arz.