Judgment

B. K. MUKHERJEA, J.

The plaintiff, who is the appellant before us, commenced the suit, out of which this appeal arises, in the court of the Civil Judge at Banaras (Being Original Suit No. 79 of 1941) for enforcement of his right of pre-emption in respect of an enclosed plot of land with certain structures upon it, situated within Mohalla Baradeo in the city of Banaras and bearing Municipal No. D37 48.

The premises in suit admittedly belonged to defendant 2 to 5 who are residents of Calcutta and they sold it by a conveyance executed on the 29th March 1941 and registered on the 3rd of April following, to defendant No. 1, also a resident of Calcutta, for the price of Rs. 7,000. The plaintiff is the owner of the two premises, to wit , premises Nos. D37/85 and D37/44, within the same Mohalla of the city of Banaras, which are in close proximity to the property in dispute and adjoin it on the northern and eastern sides respectively.

It is averred by the plaintiff that there is from very early time a custom prevalent in the city of Banaras according to which the plaintiff was entitled to claim pre-emption of the property in dispute on the ground of vicinage. It is said that as soon a