SHRI AUDI BEHAR SINGH versus GAJADHAR JAIPURIA AND OTHERS

SHRI AUDI BEHAR SINGH versus GAJADHAR JAIPURIA AND OTHERS

A local custom of pre-emption in Banaras attaches at least to all house properties situated within it, regardless of whether the owners are natives or domiciled therein, unless there is specific proof that the custom is limited in this way. The right is an incident of property and not merely a personal right dependent on the religious or domiciliary status of the parties.

Parties
Appellant: Shri Audh Behari Singh; Respondent: Gajadhar Jaipuria
Jurisdiction
India
Judgment Date
23 April 1954
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree of High Court of Allahabad, Judgment Dated 29 August 1944; Special Leave Granted by Judicial Committee, Then Transferred to Supreme Court
Outcome
Appeal allowed
Legal Topics
Pre Emption, Local Custom, Incident of Property, Domicile and Applicability of Custom
Property Law Customary Law Pre Emption Local Custom Incident of Property Domicile and Applicability of Custom

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Parties

Shri Audh Behari Singh

Appellant

Gajadhar Jaipuria

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree of High Court of Allahabad, Judgment Dated 29 August 1944; Special Leave Granted by Judicial Committee, Then Transferred to Supreme Court

Legal Issues

  1. 1 Whether the custom of pre-emption in Banaras is limited to natives or domiciliaries or attaches to all properties regardless of the owner's origin
  2. 2 Nature of right of pre-emption: personal right or incident of property

Ratio Decidendi

A local custom of pre-emption in Banaras attaches at least to all house properties situated within it, regardless of whether the owners are natives or domiciled therein, unless there is specific proof that the custom is limited in this way. The right is an incident of property and not merely a personal right dependent on the religious or domiciliary status of the parties.

Court Disposition

Appeal allowed

Orders

  • Judgments of courts below set aside
  • Case remanded to High Court for determination of whether the plaintiff made the statutory demands as per Muhammadan Law and whether a landlord can claim pre-emption against his own tenants.