ABDULLAH Vs. BADR-UL-ISLAM

JUDGEMENT

(1.) What we have to deal with in this appeal is the true construction of a Wajib-ul- arz and in particular the clauses in it which relate to the right of residents in the town of Jahangirpur to transfer their houses.

(2.) According to the Wajib-ul-arz the inhabitants of this town are divided into two classes-the first consisting of persons who are described as "sharif qaum" or respectable classes and the Clause 2 consisting of agriculturists and others.

(3.) The Wajibularz sets out that persons in Clause 1, that is to say those who are "sharif" have a right to transfer "pukhta houses which they have built at their own expenses." The right of transfer is expressed to be a right to transfer the houses as they stand. In this connexion it is also to be noted that the Wajibularz expressly declares that the zamindars of the village have no light whatever to interfere with this privilege of people who belong to the "sharif qaum." In the case of the ordinary riava" and lower classes inhabiting the town it is distinctly provided that they have no right to transfer their houses although they have the privilege of selling the materials of their houses.