B RANDHIR SINGH Vs. RAJPAL MISIR

JUDGEMENT

(1.) This is a defendant's appeal which has arisen out of a suit for pre-emption. It came before a Bench consisting of Mr. Justice Sulaiman and myself and in view of the course which the case took in the lower Appellate Court we found it necessary to refer it for decision to a Full Bench by our order dated the 22 November, last.

(2.) The question is one of general importance for we have to construe a wajib-ul- arz of a type which is verv common in the Azamgarh District. This case we may mention comes from the District of Azamgarh.

(3.) A string of cases beginning with the case of Suraj Bali V/s. Mohammad Nasir 48 Ind. Cas. 220 : 16 A.L.J. 879 has laid down certain principles of decision which govern the interpretation of wajib-ul-araiz which are framed in this peculiar way and if those cases are to be followed it must be held in the case now before us that the wajib-ul-arz relied upon by the plaintiff does not contain a record of custom.