JUDGMENT

1. The judgment of the lower Appellate Court is attacked in this appeal on the ground that the learned Judge was wrong in holding that the wajib-ul-arz of the village in question contains a record of custom.

2. There can be no doubt that the record is couched in most unusual language. The clause relating to pre-emption begins with the statement that a co-sharer is at liberty to sell his share but that he must first offer it to co-sharers in his own patti, preference being given to near relations. It then goes on to provide that if none of the persons just mentioned are willing to take the property then he is at liberty to sell to co-sharers in any other thok or patti. These words, however, are qualified by the addition of the words "jisseraziho," indicating that the person who wishes to sell has some right of selecting the person to whom he will make the offer. After this, it is provided that if no one in the second category is wiling to take the property and it no person in the village is willing to take a sale then a co-sharer can offer the property for sale to an outsider.

3. The learned Judge of the Court below, we think interpreted the words "jis se razi ho" in the corre