Allahabad Court November 1924 Judgments

Nadir HusaIn Vs. Sadiq Husain

Court: Allahabad

Reported in: AIR1925All361

1. This is a pre-emption second appeal. The plaintiff is the appellant and the case has to be decided in accordance with the provisions of the Muhammedan law of pre-emption.2. The suit was a suit to pre-empt the sale of a certain fractional share of a house which was carried out by a document, dated the 20th October, 1921.3. The plaintiff brought his suit for preemption on the 24th April, 1922.4. While that suit was pending the purchaser of the property, on the 15th July, 1922, took a transfer of a portion of the premises from one Ali Raza.5. Before the suit for pre-emption was decided Ali Raza on the 21st Nov. 1922, filed a suit against his transferee for the avoidance of the deed of transfer on the ground of fraud and undue influence.6. Before this latter suit was decided the pre-emption suit of the plaintiff-appellant was decreed on the 6th of December, 1922 by the Court of first instance.7. The finding of the Munsif was that the transfer of the 15th July, 1922, in favour of the ven...