MAHBOOBAN Vs. FATIMA BEGUM

JUDGEMENT

(1.) This is a defendant's appeal in a suit for pre-emption of a house sold by Mt. Batulan, defendant 2, to Mb. Mahbooban, defendant 1, on 2-8-1946 for Rs. 300. The plaintiff claimed the right both as a shafi-shareek and as a shafi-jar.

(2.) One Sadullah was the owner of the house in dispute originally. In 1926 he sold a one-third share in the same to his wife in lieu of her dower. In 1931, Mt. Mahbooban (other than defendant 1) purchased at auction a one half share in the house in execution of a decree against Sadullah. On 2-8-1946, defendant 2, as I have already said, sold her one-third share, which she had purchased from her husband, to Mt. Mahbooban, defendant 1. Then the suit giving rise to this appeal was brought to pre empt this sale. Mahbooban, the original plaintiff, died during the pendency of the suit, and in her place the name of Mt. Fatima Begum was substituted as her heir.

(3.) A number of defences were taken by the defendants, but we are concerned only with one, namely that the plaintiff had not validly made the demands required under the Muhammadan law before she filed the suit.