KAMODA SINGH Vs. RAMCHAND

JUDGEMENT

(1.) There is no question in this case as to the existence of the right of pre- emption but the question is whether under custom as recorded, the plaintiffs had a better right to pre-empt than the vendee-appellant.

(2.) It appears that the plaintiffs pre-emptors are co sharers in the same khewat and patti with the vendor. The vendee on the other hand, is a co-sharer in a different thok.

(3.) The wajib-ul-arz lays down that a claim for pre-emption can be made when a co-sharer proposes to sell his property and it sets out a number of classes of parsons in order who will be entitled to claim preemption.