MOHD ISMAIL Vs. ABDUL RASHID

JUDGEMENT

(1.) This is an application in revision against an order rejecting the applicant's application for being brought on the record as the successor-in-inte-rest of the plaintiff-appellant who had dled during the pendency of the appeal in the lower appellate court. The facts in brief are as follows :

(2.) Amanatullah, father of the applicant owned a house in the city of Banaras. Adjacent to it to the north, is the house of Abdul Rashid and Abdul Jalil, opposite parties Nos. 1 and 2. The latter sold their house by means of a deed of sale dated 20-7-1946 to Barkatullah, opposite party No. 3 for a sum of Rs. 1200/-. Amanatullah claimed a right of pre-emption with regard to this sale on the ground that he was the owner of the adjoin-ing house and that he also participated in the appendages of the house in other words, he claimed to be a 'Shafi-e-Jar' and a 'Shafi-e-Khalit'. He claimed that he had performed the necessary demands. The suit was Instituted in the court of the Munsif, Banaras.

(3.) The defence was that the plaintiff did not possess the preferential right of pre-emption nor had he made any demands as required by the Mohammedan Law. There were other defences with which we are not concerned.