FAKIR SHAIKH Vs. SYED ALI SHAIKH

JUDGEMENT

(1.) This appeal by defendant 1 Fakir Shaik arises out of a suit for pre-emption under the Muhammadan Law instituted by the plaintiff Syed Ali Shaik. The relevant facts are as follows: Defendant 2, Meser, and defendant 3, Tinkari who are sons of one Niyamat Shaik are cosharers in respect of a certain holding and by a registered kobala they sold out their share in the holding to defendant 1, on 3-3-1947. The plaintiff's case, is that on the next day, that is, on 4-3-1947, while the plaintiff was catching fish from the 'doba' in suit, Abdul Gani, son of defendant 1, came up and demanded his share of fish disclosing the purchase by defendant 1. According to the plaintiff, he immediately performed talab-i-mowasibat disclosing his intention to assert the right of pre-emption and thereafter without delay he went to the house of defendant 1, and performed the second demand, namely, talab-i-ishhad in the presence of witnesses according to the formalities required by the Muhammadan Law.

(2.) The defence 'inter alia' was that the allegations of the plaintiff were false and that the formalities enjoined by the Muhammadan law were not complied with.

(3.) The trial Court dismissed the suit holding that the plaintiff did not observe the formalities as required by law and that the story was a concoction.