AKHTAR HUSAIN Vs. HASMAT ALI KHAN

JUDGEMENT

(1.) This is a defts' appeal arising out of a suit for pre-emption.

(2.) The parties are Sunni Muslims. Deft. 2 executed a sale deed in favour of deft. 1 in respect of the house in suit. The pltf., who is the owner of an adjoining house filed the suit which has given rise to this appeal for pre-emption on the ground that the vendee, deft. 1, was a complete stranger & that the pltf. had a preferential right to claim the house by pre-emption. The only question which was consd. by the Munsif was whether the pltf. had made the demands as required by the Mohammadan Law in order to entitle him to pre-empt the house.

(3.) Under the Mohammadan Law, no person is entitled to the right of pre-emption unless :