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PETITIONER: SHRI AUDH BEHARI SINGH
Vs.
RESPONDENT: GAJADHAR JAIPURIA AND OTHERS.
DATE OF JUDGMENT: 23/04/1954
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. AIYYAR, T.L. VENKATARAMA MAHAJAN, MEHAR CHAND (CJ) BOSE, VIVIAN BHAGWATI, NATWARLAL H.
CITATION: 1954 AIR 417 1955 SCR 70 CITATOR INFO : RF 1962 SC1476 (3,22,25,31) R 1966 SC1977 (3,6)
ACT: Custom-Pre-emption-City of Banaras-Local Custom of Pre- emption-Such right-Incident of property and attaching to land.
HEADNOTE: HEld, that a local custom of pre-emption exists in the city of Banaras and the right attaches at least to all house properties situated within it and no such incident of custom is proved which would make the right available only between persons who are either natives of Banaras or are domiciled therein. When a right of pre-emption rests upon custom it becomes the lex loci or the law of the place and affects all lands situated in that place irrespective of the religion or nationality or domicile of the owners of the lands except where such incidents are proved to be a part of the custom itself. The right of pre-emption is an incident of property and attaches to the land itself. Byjnath v. Kapilmon (24 W.R. 95) and Parsashth Nath v. Dhanai’ (32 Cal. 988) disapproved.
JUDGMENT: CIVIL APPELLATE JURISDICTION : Civil Appeal No. 15 of 1951. Appeal from the Judg...