BISAR SINGH Vs. DEOBARAN SINGH

JUDGEMENT

(1.) This appeal was remanded by us for re-hearing and for submission of the finding to this Court on the question whether defendant 12 was a benamidar for the plaintiffs. The facts have been fully stated in our order of remand dated 13th August 1947.

(2.) It is sufficient to state once more that plaintiffs 1 to 5 claimed the right to pre- empt the land in dispute upon the ground that they were the co-sharers of tauzi No. 28, mahal Shaikhopur, by reason of certain sale deeds which admittedly stand in the name of defendant 12 whose name is also found in register D of the collectorate. The plaintiffs case was that the widow was their benamidar and that on hearing of the sale to the defendants-appellants, they at once performed the ceremonies of Talab-i-mowasibat and Talab-i-ishhad as required by the Muhammadan law of pre-emption which is applicable to Patna from where this case comes.

(3.) The Courts below had decided that defendant X2 was the benamidar of the plaintiffs and that the two talabs had been performed in accordance with the requirements of the Muhammadan law by the plaintiffs.