Judgement

Appeal (No. 149 of 1924) from a decree of the High Court (March 13, 1920) reversing a decree of the Additional Subordinate Judge of Aligarh.

The suit was brought by the appellant, who claimed that by custom he had a right of pre-emption in respect of a 15 biswas share in a mauza. The share in question had belonged to a co-sharer with the appellant in the mauza, but the owner had been declared an insolvent under the Provincial Insolvency Act, 1907, upon a creditors application. His property had vested under the Act in the official assignee, who had sold the share to the first defendant, now represented by the respondents.

The first defendant by his written statement denied the existence of the custom alleged, and pleaded that if there was a custom it was not applicable in the circumstances of the case.

The facts appear from the judgment of the Judicial Committee.

The trial judge decreed the suit, but an appeal to the High Court was allowed, and the suit was dismissed. The learned judges (Tudball and Rafique JJ.) held that, assuming that a custom of pre-emption existed in the village, it did not apply to the sale by the official assignee, as it was an involuntary sale and w