( 1 ) THIS is a defts appeal arising out of a suit for pre-emption.

( 2 ) THE parties are Sunni Muslims. Deft. 2 executed a sale deed in favour of deft. 1 in respect of the house in suit. The pltf. , who is the owner of an adjoining house filed the suit which has given rise to this appeal for pre-emption on the ground that the vendee, deft. 1, was a complete stranger and that the pltf. had a preferential right to claim the house by pre-emption. The only question which was consd. by the Munsif was whether the pltf. had made the demands as required by the mohammadan Law in order to entitle him to pre-empt the house.

( 3 ) UNDER the Mohammadan Law, no person is entitled to the right of pre-emption unless :

1. he has declared his intention to assert the right immediately on receiving information of the sale. This formality is called talab-i-mowasibat (literally, demand of jumping, that is, immediate demand) : and unless 2. he has with the least practicable delay affd. the intention, referring expressly to the fact that the talab-i-mowasibat had already been made, and has made a formal demand : (a) either in the presence of the buyer, or the seller, or on the premises which