Judgement

Appeal (No. 149 of 1919) from a judgment of the High Court (February 5, 1917) affirming a judgment of the Additional First Class Subordinate Judge of Thana.

The suit was brought by the original plaintiff in 1909 claiming a declaration that he was entitled under Mahomedan law to a right of pre-emption of a one-fourth share in two villages in the Kolaba District in the Bombay Presidency. The plaintiff died before the Subordinate Judge settled the issues in the suit, and the present respondent, the administrator of his estate, was permitted by the High Court to continue the litigation.

The facts, which were not in dispute upon the appeal, are stated in the judgment of the Judicial Committee, and more fully in a report of the proceedings in the High Court at I. L. R. 41 B. 636.

Law. Rep. 48 Ind. App. 475 ( 1920- 1921) Sitaram Bhaurao Deshmukh V. Jiaul Hasan Sirajul Khan

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The High Court, affirming the decree of the Subordinate Judge, held that the plaintiff had a right of pre-emption.

The reasons of the learned judges (Sir Basil Scott C.J. and Beaman J.) appear from the report above mentioned.

1921. May 6, 9. Sir George Lowndes K.C. and Parikh for the appellant. Both Courts