MUNNI LAL vs BISHWANATH PRASAD & ORS.

The Supreme Court held that pre-emption of leasehold (Parjoti) land under a custom in Benaras, which is co-extensive with Mahomedan Law, is not permissible. The Court clarified that Mahomedan Law requires full ownership for pre-emption rights, and since the property in question was leasehold, the respondent could not claim pre-emption. The High Court's finding that the custom applied to leasehold land was incorrect, leading to the dismissal of the appeal.