DALIP Vs. KHAZAN SINGH

JUDGEMENT

(1.) Both these appeals have arisen out of two suits for pre-emption and they may be disposed of by one judgment. The cases have been up in appeal here before and were sent back for redisposal to the Court of the learned District Judge of Bulandshahr.

(2.) The question before us is whether a custom of pre-emption admittedly obtaining in the village of mauza Ganaura Shaikh, applies in respect of the particular property now sought to be pre-empted. It is to be mentioned here that the property in question is situated in a mahal known as mahal Alladad. The plaintiffs are co-sharers with the vendor in mahal Alladad. The vendee is admittedly a stranger.

(3.) The plaintiffs relied upon what was set out in the document known as the "dastur dehi" prepared in the year 1296F at the settlement of Mr. Stoker. The dastur dehi must certainly be taken to be a record of custom, and there can be no doubt that the custom of pre-emption is recorded. The language of the document is as follows: In joint zamindari mahals and in pattidaris, if any co-sharer desires to transfer his property, he must offer it first to co-sharers who are near relations descended from the same common ancestor. After them he must offer it to co-sharers in the patti, mahal or village (gaon). If none of these persons desire to acquire the property, the vendor is at liberty to transfer to a stranger.