MUNNA LAL Vs. HAJIRA JAN

JUDGEMENT

(1.) This appeal arises out of a suit for pre-emption in respect to three separate mahals, being portions of three villages, Jarthal, Rasulpur Gadhouli and Bidhuni, in the district of Etah.

(2.) The plaintiff-respondent, Musammat Hajira Jan, is the own sister of Musammat Zobaida Jan, defendant No. 3.

(3.) The claim is based on Muhammadan Law. The plaintiff, while admitting that the shares of her sister and herself had in each village been partitioned and separate mahals had been formed, pleaded that the partitions had been made "khetbat" and not "chakbat;" that the village site of Jarthal had not been divided; that the mahals were contiguous to each other and that certain rights of way, watercourses and other rights had been left common to the mahals in each village. She, therefore, claimed the right of pre-emption. (1) As a shafi-i-sharik or co-sharer in the thing sold, (2) As a shafi-i-khalit or co-sharer in the appurtenant rights, (3) As a shafi-i-jar or contiguous neighbour.