DHANRAJ MISIR Vs. RAMESHWAR MISIR

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for pre-emption. The first Court decreed the claim but on appeal the suit has been dismissed.

(2.) Both the Courts below agree that there is a custom of pre-emption in this village. The Court of first instance was further of opinion that under that custom a nearer co-sharer was entitled to a preferential right as against a distant co-sharer. The lower Appellate Court has come to a contrary conclusion.

(3.) Two wajib-ul-arzes were produced by the plaintiff in support of the alleged custom.