JAWALA SHANKER SAHAI Vs. BOHRA SRI RAM

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for preemption. The plaintiff relied on an extract from a wajibularz, and neither he nor the defendants filed a complete khewat to explain the constitution of the village. A complete khewat has now been produced under our direction.

(2.) The property sold is situate within the municipal limits of Jalesar, and as held under the order, dated 27 May 1927, the Act does not apply to it and the case is governed by the customary law if any.

(3.) The property sold consists of a share in a milak consisting of resumed muafi lands. An examination of the khewat makes it quite clear that the body of cosharers, whose names are shown against serial number 1, own the entire 20 biswas in the mahal. After them come proprietors, who own these milaks and who are serially numbered but against their properties no fractional share is entered in the column of shares. It is therefore quite clear that these proprietors do not own any fractional share in the 20 biswas of the mahal and therefore are not cosharers in the mahal.