(SYED) OON MOHAMED Vs. MTBINT ZOHRA

JUDGEMENT

(1.) We think the decision of the lower Appellate Court in this case is correct. The case is a case under the Agra Pre-emption Act (XI of 1922). One of the pleas which was raised by the defendant purchaser was that the plaintiff pre-emptor had been told about the proposed sale and had intimated that he did not desire to purchase the property.

(2.) It was argued in the Court below and it is argued here that the terms of Secs.14 and 15 of the Agra Pre-emption Act ought to be applied to this case and that it ought to be held that a notice under Section 14 should have issued to the plaintiff as being a person who was entitled to a right of pre-emption. As regards this argument it is sufficient to say that Section 14 does not make it obligatory on the vendor to give a notice to a person who has a right of preemption.

(3.) Reference is also made to Section 15 which deals with the extinction of the right of pre-emption of any person to whom a notice has been given under Section 14. It is argued before us that when a notice is issued under Section 14 the person who receives the notice is allowed a month to make up his mind as to whether he will or will not take the property, and so it is said that if this period is given to a person with a right of pre-emption in order to determine whether he will purchase the property, similarly a right should be given to a person in the position of the present plaintiff to whom no registered notice was given under Section 14. We cannot agree with this contention either. Section 15, as we have said, merely lays down that when a notice has been issued to any person under Section 14 his right of pre-emption is extinguished unless he communicates his intention to purchase the property within one month.