NANHI NABBI Vs. BUNYADI BEGAM GHANI RAZA

JUDGEMENT

(1.) THIS second appeal has been referred to a bench for the decision of the question whether the second demand, 'talab-i-ishhad', was performed by the plaintiff in accordance with the provisions of the Mohammadan law of Pre-emption.

(2.) THE plaintiff Bunyadi Begam filed a suit against the defendants Mst. Nanhi and Mst. Shakila begam claiming pre-emption of a house on the ground that the vendee was a stranger and the plaintiff pre-emptor was entitled to claim pre-emption under the Mohammedan law. The plaintiff alleged that she had performed the first demand, 'talab-i-mowasibat', immediately on coming to know of the Sale, and the second demand by going to the house to be pre-empted in the company of witnesses and declaring her intention to pre-empt by touching the wall of the house and also after mentioning that the 'talab-i-mowasibat', had been performed.

(3.) THE plaintiff's evidence was believed and the suit was decreed by the lower appellate court.