KUNWAR DIGAMBAR SINGH Vs. KUNWAR AHMAD SAYEED KHAN

JUDGEMENT

(1.) The suit in which this appeal has arisen was brought on the 6th August 1910 in the Court of the Subordinate Judge of Aligarh by Kunwar Digambar Singh, who is the appellant here, against Kunwar Ahmad Said Khan, who is the respondent to this appeal, and one Bhawani Das, to enforce a right of pre-emption to which Kunwar Digambar Singh claimed to be entitled, under a custom which he alleged to be prevailing in Mouza Pala Kher in the District of Bulandshahr.

(2.) The respondent here, Kunwar Ahmad Said Khan, who was the vendee of the property in dispute, by his written statement denied that there was any custom of pre-emption in Mouza Pala Kher and alleged that- Mouza Pala Kher was divided by perfect partition and entirely separate Mahals were formed...After the said partition no connection of any kind was left among the co-sharers of the different Mahals, nor did any joint right, based on the terms of any wajib-ul-arz, subsist among them.

(3.) The date of the sale in respect of which pre-emption is claimed was the 12th July 1909. In 1905, Mouza Pala Kher, otherwise known as Mouza Pala Kaser, and as Mouza Bilaksir, was, on the applications of certain of the then sharers in the Mouza, partitioned into five Mahals, of which two were named respectively Salig Ram and Bhawani Das. On the partition, each of the five newly formed Mahals became separately responsible for the revenue assessed upon it, but did not become responsible for the revenue assessed upon any other of the five Mahals. No separate Record of Rights was before this suit framed for any of the five new Mahals.