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GREAVES, CHAKRAVARTI
Lal Mahammad Sarkar – Appellant
Versus
Husain Mahammad Saha – Respondent
JUDGMENT
Chakravarti, J. - This is a second appeal by the Plaintiff and, so far as the present appeal is concerned, is limited to a question as to whether the Plaintiff was entitled to recover the land in suit on the basis of a right of pre-emption. The parties are both Mahomedans and according to the Mahomedan law, the law of preemption is binding between them. The Plaintiff's case so far as this question was concerned was that he and Defendants Nos. 3 and 4 were co-sharers of certain jote of 24 bighas in equal shares and that the Plaintiff sought to purchase the 8 as. share of Defendants Nos. 3 and 4 but before the negotiations between himself and the defendants were concluded Defendants Nos. 3 and 4 sold the 8 annas share of the jote belonging to themselves to Defendants Nos. 1 and 2 by a conveyance and that the Plaintiff on hearing of that sale from one Abdulla Kaviraj, his brother-in-law, performed the necessary formalities of the Mahomedan law and he now brings the suit to get possession of the land by enforcing his legal right of pre-emption against Defendants Nos. 3 and 4 and their vendees Defendants Nos. 1 and 2. The learned Munsif who originally tried the suit believed tha
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