GIRRAJ KUNWAR Vs. IRFAN ALI

JUDGEMENT

(1.) These two appeals arise out of two suits for pre-emption which were connected in the trial Court and were disposed of by one judgment. Suit No. 507 of 1943 was filed by Waqif Mausoma Syed Bisharat Ali and Suit No. 15 of 1944 was filed by Syed Irfan Ali, son of Syed Bisharat Ali. Suit No. 507 of 1943 was to preempt the sale of a house, by Faiyaz Hussain to Mt. Girraj Kunwar, on 3-12-1942, for Rs. 1,325. The other Suit No. 15 of 1944 was to pre-empt the sale of a house by Abdul Hamid to the same rendee Mt. Girraj Kunwar on 28 8-1943, for Rs. 600.

(2.) To the east of the house in dispute in Suit No. 507 of 1943 and contiguous to it is the house belonging to the plaintiff (wakif) and to the south of the property in dispute in Suit No. 15 of 1944 and contiguous to it is the house belonging to Syed Irfan Ali, the plaintiff to that suit.

(3.) The main question for decision in Suit No. 607 of 1943, out of which Second Appeal No. 609 of 1947 has arisen, is whether the wakif can file a suit for pre-emption. The learned Munsif held that the waqif had no right to pre-empt, while the lower appellate Court has disagreed with that finding.