CH SAGAR SINGH Vs. SRI RAM

JUDGEMENT

(1.) We have heard the learned Counsel in this case and we think the decree of the lower Appellate Court ought not to stand. In our opinion on the terms of the wajib- ul-arz the plaintiff was entitled to pre-emption. We cannot agree with the opinion of the two Courts below in this matter.

(2.) The wajib-ul-arz was one which was prepared at the settlement of M. Nasir Ali which took place about the year 1870.

(3.) Under the term "Custom" as recorded in that document the first class of pre- emptors consists of own brothers, the second class, of near brothers, and the-third class consists of "Hissadaran patti aur gaon ke".