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1989 Supreme(Gau) 196

B.P.SARAF
Ajijur Rahman Barbhuiya – Appellant
Versus
Haji Moshaid Ali Laskar – Respondent


Advocates Appeared:
S.S.Dey

These two second ap­peals arise out of the common judgment and decree passed by the Assistant District Judge No. 1, Cachar at Silchar in Title Appeals Nos. 22/1975 and 24/1975. The said two appeals were also directed against the com­mon judgment and decree passed by the Munsiff No. 2, Silchar in Title Suit No. 77 of 1973.

2. The question of law involved in these appeals relates to the right of pre-emption under the Mahomedan Law.

3. The plaintiff filed a suit for pre­emption against the defendants. His case Was the suit land belonged jointly to Musstt. Lalbi Bibi (defendant No. 7), Md. Mantaz Ali (defendant No. 8) and the plaintiff and the same was also jointly possessed by them. All of them belong to Mahomedan community and under the Mahomedan Law, they have right of pre-emption. On 3-6-72, the defen­dants Nos. 7 and 8, without the knowledge of the plaintiff, sold the suit land for Rs. 2,000/-to six persons (defendants Nos. 1 to 6). On 14-4-73 at about 10 a.m., while the plaintiff was sitting at his outhouse with other four persons and having gossips with them, one Abdul Latif alias Chandu Mia came and reported him that one Hazi Moshaid Ali Laskar and others had purchased the suit l























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