MOHAMMAD UMAR Vs. AMIR MOHAMMAD

JUDGEMENT

(1.) THIS second appeal has been filed by the plaintiff, whose suit for pre-emption according to Mohammedan law was dismissed by both the courts below.

(2.) ONE Gulam Mohammad sold his house to the defendant-respondent Amir Mohammad by a registered sale deed dated 13-5-1952, for an ostensible consideration of Rs. 1500/ -. The plaintiffs relationship with the vendor is as follows: SHEIKH MAGTUMBUX ___________________|_______________________ | | Hayat Mohammad=umraobijan Mohammad ________|____________ | | | gulam Mohammad Mohammad Mst. Sofiabi (Vendor)Umar (Plaintiff) The house originally belonged to Sheikh Magtumbux. It was partitioned in a family partition between Jan Mohammad, Umraobi, Mohammad Umar and Mst. Sofiabi. The plaintiff as a participator in the appendages and as the owner of the adjoining portion of the house (which is divided by a common wall) claimed the right of pre-emption. It was also alleged that the consideration was fictitious and inflated with a view to defeat the plaintiffs right. The real consideration was alleged to be Rs. 700/ -. The plaintiff also averred that he had made two demands as required by the Mohammadan Law (namely, Talab-i-Isshad and Talab-i-Mowasibat ). He had also served a registered notice dated 30-5-1952 upon the defendant claiming pre-emption. The defendant did not reply to the notice.

(3.) THE defence was that the defendant had no knowledge about the plaintiffs right. The sale deed was not fictitious nor was the consideration inflated. It was further averred that the plaintiff had not made Talab-i-Mowasibat and Talab-i-Isshad.