AHMAD BUX Vs. RAMVILAS

JUDGEMENT

(1.) THIS is a second appeal by the plaintiffs in a suit for pre-emption.

(2.) APPELLANTS Ahmed Bux, his two sons Nasiruddin & Rahim Bux, and three grand-sons Md. Hanif s/o Nasiruddin, and Md. Husain & Md. Shafi sons of Mubarik Husain filed a suit for pre-emption of certain property sold by Hariballabh, Girdhari & Dhokal to Ram Vilas & Ladhu on 29th May 1941 for a sum of Rs. 625/ -. This suit was filed on 9th September 1941 and was suit No. 655 of Smt. 1997. Mubarik Husain, another son of Ahmed Bux, filed a second suit for pre emption in his own right on the 1st of February 1942 against the same vendors and vendees in respect of the same property. This was No. 48 of Smt. 1998. These two suits were consolidated by an order dated 13th December 1942. The respondents contested the suits on various grounds and pleaded inter alia : (1) that the plaintiffs were not the owners of the adjoining property and had no jointness in the intermediate well; (2) that there was no custom of pre-emption in the town of Bhilwara where the property was situated; (3) that Mubarik Husain was the manager of the family of the plaintiffs and he had agreed on behalf of the plaintiffs to the sale and the plaintiffs were therefore, estopped from enforcing the right of pre-emption; (4) that the vendors and the vendees were Hindus, and the plaintiffs being Mohammedans had no right of pre-emption; and (5) that the talabs required by Mohammedan Law had not been made.