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Kalyan Rai and anr. Vs. Hakim Muhammad Mustafa Ali Khan - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in9Ind.Cas.562
AppellantKalyan Rai and anr.
RespondentHakim Muhammad Mustafa Ali Khan
Excerpt:
pre-emption - wajib-ul-arz--construction--custom or contract. - 1. the weight of authority supports the view taken by the learned judge of this court from whose decision this appeal has been preferred. the facts cannot be distinguished from those in the case of tasadduk husain khan v. ali husain khan a.w.n. (1908) 121 : 5 a.l.j.470 and in the recent case of kanchan singh v. mani ram 32 a. 201 : 5 ind. cas. 212 : 7 a.l.t. 213. in view of these authorities we dismiss the appeal with costs.
Judgment:

1. The weight of authority supports the view taken by the learned Judge of this Court from whose decision this appeal has been preferred. The facts cannot be distinguished from those in the case of Tasadduk Husain Khan v. Ali Husain Khan A.W.N. (1908) 121 : 5 A.L.J.470 and in the recent case of Kanchan Singh v. Mani Ram 32 A. 201 : 5 Ind. Cas. 212 : 7 A.L.T. 213. In view of these authorities we dismiss the appeal with costs.


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