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1946 Supreme(All) 126

Ram Charittar Singh – Appellant
Versus
Tej Prasad Tewari – Respondent


JUDGMENT

Bennett, J. - These appeals raise the same question, whether a right of pre-emption exists in a village called Panti, which is described as forming part of Taluqa Dasaon Saltanat, Pargana Atraulia, District Azamgarh.

2. Three suits were brought by residents of this village claiming pre-emption in respect of separate sales. Two of these suits were instituted in the Court of the Munsif and the third in the Court of Civil Judge of Azamgarh. The Munsif dismissed the suits, holding that there was no right of pre-emption in Panti. The Civil Judge decreed the suit in his Court, holding that there was; and on the same date, 29-4-1943, he allowed appeals from the judgments of the Munsif and decreed both these suits also. Hence the first appeal and two second appeals in this Court.

3. At the settlement of 1873-1874 Panti was one of a number of villages, 16 in all, comprised in Taluqa Dasaon Saltanat. A lady, the daughter of one Saltenat Singh, is shown in the wajib-ul-arz of that settlement as the absolute owner.

4. The complete wajib-ul-arz is not on the record. All that we have is the first part of it, referring to the whole Taluqa as a mahal consisting of 16 villages, and containing

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