Faqir Muhammad Khan and Others vs Kulsum Bibi

John Edge, Kt., C.J. and Burkitt, J.—A two-anna undivided share in a zamindari village was sold. The plaintiffs, who were shareholders in the village, claimed pre-emption under the Muhammadan law. They proved an immediate assertion of the intention to pre-empt made in the presence of witnesses within the area of the zamindari the two-anna share in which was sold. The owner of an undivided two-anna zamindari share is an owner of every portion of the zamindari, although his interest is limited to a two-anna share. We bold that this demand was made on the premises within the meaning of the Muhammadan law, and, as it was made in the presence of witnesses and was immediate, it was sufficient. It must not be inferred that the Court would hold that a pre-emptor who purposely went to an uninhabited and distant part of the village, a share in which was sold, and there in the presence of his couple of witnesses made a second demand under circumstances which would not make it likely that the demand would come to the ears of the vendee, would be making a bond fide and good demand according to the Muhammadan law. There is no doubt as to the bond fides of the demand in the present case. We dismiss this appeal with costs.