AMJAD ALI KHAN Vs. SAADAT BEGUM

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for pre-emption. Certain shares of zamindari property in a village, along with a house in the city of Moradabad, were sold under one sale deed to the defendants. The plaintiff brought his suit to pre-empt the zamindari property by virtue of his right under the Pre-emption Act and to pre-empt the house property under the Mahomedan law. He alleged that he had made the necessary demands required by Mahomedan law. Both the Courts below have come to the conclusion that he failed to prove that he made the demands which would entitle him to succeed under the Mahomedan law so far as the house was concerned. The first Court dismissed the claim with regard to the house, but decreed it as regards the zamindari property. On appeal the lower appellate Court has dismissed the entire suit. Following the case of Abdul Khan v. Shakira Bibi A.I.R. 1928 All. 121 the lower appellate Court has held that having lost his right to pre-empt the house the plaintiff's suit as regards the zemindari property also failed on the ground of partial pre-emption.

(2.) The plaintiff has come up on appeal, and on his behalf it is contended that the view of the lower appellate Court is not right,

(3.) Section 16, Agra Pre-emption Act has been amended since the pronouncement of the judgment quoted above, and the amendment indicates the mind of the legislature. But it being an amending Act and not a declaratory one the addition of the words " under this Act " at the end of Section 16, would not have a retrospective effect. We have therefore to apply Section 16 as it stood before the amendment