SHRI AUDH BEHARI SINGH vs GAJADHAR JAIPURIA AND OTHERS.

The Supreme Court recognized the existence of a local custom of pre-emption in the city of Banaras, affirming that this right attaches to all house properties within the city, irrespective of the owners' religion or domicile. The Court established that when a right of pre-emption is based on custom, it becomes the lex loci, affecting all lands in that locality unless specific incidents of custom dictate otherwise. The judgment disapproved previous cases, Byjnath v. Kapilmon and Parsashth Nath v. Dhanai, which limited the right of pre-emption based on domicile or nationality.