Agarwala, J. - (1.) This is a defts' appeal arising out of a suit for pre-emption.
(2.) The parties are Sunni Muslims. Deft. 2 executed a sale deed in favour of deft. 1 in respect of the house in suit. The pltf., who is the owner of an adjoining house filed the suit which has given rise to this appeal for pre-emption on the ground that the vendee, deft. 1, was a complete stranger & that the pltf. had a preferential right to claim the house by pre-emption. The only question which was consd. by the Munsif was whether the pltf. had made the demands as required by the Mohammadan Law in order to entitle him to pre-empt the house.
(3.) Under the Mohammadan Law, no person is entitled to the right of pre-emption unless : 1. he has declared his intention to assert the right immediately on receiving information of the sale. This formality is called 'talab-i-mowasibat (literally, demand of jumping, that is, immediate demand) : & unless 2. he has with the least practicable delay affd. the intention, referring expressly to the fact that the 'talab-i-mowasibat' had already been made, & has made a formal demand : (a) either in the presence of the buyer, or the seller, or on the premises which are the subject of sale, (b) in the presence at least of two witnesses. This formality is called 'talab-i-ishhad' (demand with invocation of witnesses). Vide Mulla on Mohammadan Law, p. 221, 1950 Edn.;