FAZLE RAB vs MOHD. YAKEEN

The Supreme Court held that under the Oudh Lands Act, 1876, Section 7(b) presumes the existence of a right of pre-emption in village sites, but Section 8 requires proof of such a right in towns. The Court affirmed the High Court's ruling that the plaintiff failed to establish a customary right of pre-emption in the town of Tanda, where the property was located. Consequently, the appeal was dismissed, upholding the High Court's decision that the right of pre-emption was not applicable due to the urban status of the property.