AMLA HAND Vs. NANDU

JUDGEMENT

(1.) This references raises a somewhat difficult question but, as we understand the matter, we are asked to say whether the law relating to pre-emption, as laid down in a ruling of Mr. Giles, officiating Commissioner of Kumaon, in the case of Datt Bam V/s. Baghunath, decided on the ll July, 1892, is or is not to be applied to the case with which we are concerned.

(2.) It seems that both the Deputy Commissioner and the Commissioner sitting in appeal have differentiated this case from the one which was considered by Mr. Giles in the ruling just referred to.

(3.) Taking the law to have been correcty laid down in Mr. Giles judgment, we find it stated as follows : For the purposes of pre-emption the asl village and the laga village are one. A hissedar of a laga village" has no right of pre-emption against a purchaser who is a hissedar of the asl village.