( 1 ) THIS is a vendees appeal arising out of a pre-emption suit. The trial Court dismissed it. The lower appellate Court decreed it.

( 2 ) THE only point for consideration is whether the property is pre-emptible. The property sold was described in the sale deed as follows:

"all my rights and interests in 7 sibams out of 48 sihama out of. 50 acre in khata khewat No. 24 village Lodhi Sarai in the town of Sambhal together with the trees of all kinds within the limits of the Municipality. "

( 3 ) THE Agra Pre-emption Act does not apply to this case because by Sub-section (8) of Section 1 of the said Act the areas included within the limits of the Municipality have been excluded from its purview. The suit was based on custom. In the wajib-ul-arz the provision about custom is as follows:

"after a co-sharer sells, mortgages or remortgages his haqiyat then he must inform first his nearest co-sharer and upon his refusal other co-sharers If such co sharer does not take the property on payment of reasonable price then the vendor will have a right to transfer it to anyone whom he may wish. "

It is clear from the above that according to the above entry in the wajib-ul-arz a right of preemption ari

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