RAMESHAR PRASAD LAL Vs. GHISIAWAN PRASAD

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for pre-emption. The property in dispute was sold under a sale-deed dated 18 March 1924 for Rs. 30.000. The plaintiff claimed that under Section 5, Agra Pre-emption Act, which governs this transaction he had a right of pre-emption. The main defence to the suit was a denial of any right of pre-emption in that village, and also a plea that the plaintiff was estopped from pre-empting the property on account of a previous refusal. The learned Subordinate Judge has found both the points against the plaintiff and has dismissed the suit.

(2.) We are not prepared to accept the view of the Court below that there is no right of pre-emption in this village. In the wajib-ul-arz of 1292-F, (1885) under the heading "custom of pre-emption" we have an entry which has been translated by the official translator as follows: At the time of transfer of the property of any cosharer other cosharers have a right of pre-emption according to the rule and custom.

(3.) This translation omits one word which has been read by the learned Subordinate Judge as "mazhab" meaning religion. The entry would then read "according to the rights and usage of religion." The learned advocate for the appellant says that the word is "dehi," i.e., village, and says that the rights and usage of the village are referred to. We have not the original before us, but only a certified copy. If the word is "village" then the learned advocate for the respondents concedes that the case would come directly under Section 5 of the Act. Assuming that the word is religion there is undoubtedly a record of a right of pre-emption accruing on a transfer according to the rights and usage of religion.