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Ram Baran and ors. Vs. Bansi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in(1923)ILR45All185
AppellantRam Baran and ors.
RespondentBansi
Excerpt:
pre-emption - custom--evidence--wajib-ul-arz. - rafiq and piggott, jj.1. the question in issue is whether the plaintiff claiming pre-emption has proved the existence of a custom of pre-emption in the village in suit. the entries in the wajib-ul-arzes drawn up at the two settlements of 1833 and 1860 are prima facie records of an existing custom. there were at least three co-sharers in the former year arid a number of co-sharers in the latter year. the main contention before us is that this evidence is sufficiently rebutted by a note recorded at the time of the settlement of i860, to the effect that this r'uage had been waste or desolate up to the year 1829. we do not think this is sufficient to rebut the presumption raised in favour of the plaintiff. we dismiss this appeal with costs.
Judgment:

Rafiq and Piggott, JJ.

1. The question in issue is whether the plaintiff claiming pre-emption has proved the existence of a custom of pre-emption in the village in suit. The entries in the wajib-ul-arzes drawn up at the two settlements of 1833 and 1860 are prima facie records of an existing custom. There were at least three co-sharers in the former year arid a number of co-sharers in the latter year. The main contention before us is that this evidence is sufficiently rebutted by a note recorded at the time of the settlement of I860, to the effect that this r'Uage had been waste or desolate up to the year 1829. We do not think this is sufficient to rebut the presumption raised in favour of the plaintiff. We dismiss this appeal with costs.


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