SARJU MAHTO Vs. SHEO PRASAD DUBE

JUDGEMENT

(1.) The question in this case is whether the lower appellate court was right in holding that the plaintiffs respondents were entitled to succeed in their suit for pre-emption.

(2.) The suit as framed was based on an alleged custom of preemption. The court of first instance dismissed the suit on the ground that the custom was not proved. The Subordinate Judge was also of opinion that the plaintiffs could not rely on any contract for pre-emption inasmuch as no such case had been set up in the plaint.

(3.) The plaintiffs went in appeal and the learned Additional Judge, while agreeing with the first court that there was no proof of custom, nevertheless held that the plaintiffs were entitled to succeed on the ground of contract.